Rebish v. MSPB

Case: 14-3085 Document: 17 Page: 1 Filed: 09/03/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JIMMI TYLER REBISH,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3085
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-1221-13-0494-W-1.
______________________
ON MOTION
______________________
ORDER
Jimmi Tyler Rebish moves for leave to proceed in
forma pauperis. The Department of the Interior moves to
recaption this matter to designate the Merit Systems
Protection Board as the 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
Case: 14-3085 Document: 17 Page: 2 Filed: 09/03/2014
2 REBISH v. MSPB
Board reaches the merits of the underlying case. We
determine that the Board should be designated as the
respondent.
Accordingly,
IT IS ORDERED THAT:
(1) The motion for leave to proceed in forma pauperis
is granted.
(2) The motion to recaption is granted. The revised
official caption is reflected above.
(3) The Board’s informal brief is due within 21 days
from the date of filing of this order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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