Soe v. Merit Systems Protection Board

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3152
KYAW SOE,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Petition for review of the Merit Systems Protection Board
in SF3443090014-I-1.
ON MOTION
ORDER
The United States Postal Service moves to reform the official caption to
designate the Merit Systems Protection Board as the respondent. The USPS also
moves to stay the briefing schedule, pending disposition of the motion to reform the
caption.
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. The employing
agency is designated as the respondent when the Board reaches the merits of the
underlying case. In this case, the Board dismissed the appeal for lack of jurisdiction.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion to reform the caption is granted. The revised official caption is
reflected above.
(2) The motion to stay the briefing schedule is granted to the extent that the
Board should calculate its brief due date from the date of filing of this order.
FOR THE COURT
MAY 2 6 2009 /s/ Jan Horbalv
Date Jan Horbaly
Clerk
cc: Kyaw Soe u.stgrditliamPeN
Jeffrey D. Klingman, Esq.
Stephanie M. Conley, Esq. MAY 2 6 2009
s8 JAN HUNtind
CLERK
2009-3152 -2-