Garcia-Rivera v. Merit Systems Protection Board

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3014
ALEXANDER GARCIA-RIVERA,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Petition for review of the Merit Systems Protection Board in NY0752080161-I-1.
ON MOTION
Before PROST Circuit Judge.
ORDER
The Department of Veterans Affairs moves to reform the official caption to
designate the Merit Systems Protection Board as respondent.
Alexander Garcia-Rivera filed an appeal with the Board challenging the termination
of his employment as a housekeeping aide. The Board concluded that it did not have
jurisdiction over Garcia-Rivera's claim because his appeal was untimely filed.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is designated as the respondent
when the Board's decision concerns the procedure or jurisdiction of the Board. In this
case, the Board dismissed the appeal for lack of jurisdiction. Thus, the Board is the
proper respondent in this petition for review.
Accordingly,
IT IS ORDERED THAT:
The motions are granted. The revised official caption is reflected above.
FOR THE COURT
FEB 4 2009
/s/ Jan Horbaly
Date Jan Horbaly
Clerk FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
cc: Alexander Garcia-Rivera
Jane C. Dempsey, Esq.
Michael Carney, Esq. FEB 0 4 2009
JAN HORBALY
CLERK
s20
2009-3014 2