MacHulas v. Merit Systems Protection Board

NOTE: This order is nonprecedential.
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LEONARD P. MACHULAS,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
2012-3082
Petition for review of the Merit Systems Protection
Board in case no. PH1221110241-W-1.
ON MOTION
ORDER
The Department of the Air Force moves to recaption to
name the Merit Systems Protection Board as respondent.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-
nated as the respondent when the Board's decision con-
cerns the procedure or jurisdiction of the Board. The
employing agency is designated as the respondent when
the Board reaches the merits of the underlying case. Here,
the Board dismissed Mr. Machulas's appeal, "finding that
MACHULAS v. MSPB 2
Mr. Machulas's whistleblowing claim was barred under the
doctrine of collateral estoppel due to the prior IRA appeal.
Thus, the Board is the proper respondent in this petition
for review.
Accordingly,
IT Is ORDERED THAT:
The motion is granted. The revised official caption is
reflected above. The Board's response brief is due within
21 days ofthe date of filing of this order.
FOR THE COURT
APR 1 62012 lsI Jan Horbaly
Date Jan Horbaly
Clerk
cc: Leonard P. Machulas
Matthew P. Roche, Esq.
Keisha Dawn Bell, Esq. (Petitoner's Informal Brief
Enclosed)
s21
FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
APR 1 62012
JAN HORBAlY
CLERK