Johnson v. MSPB

Case: 14-3104 Document: 12 Page: 1 Filed: 07/18/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
EUGENE D. JOHNSON,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3104
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-3443-14-0150-I-1.
______________________
ON MOTION
______________________
ORDER
The Department of Health and Human Services
(“HHS”) moves to reform the caption to designate the
Merit Systems Protection Board (“Board”) as the respond-
ent in this petition. HHS also moves for a 21-day exten-
sion of time for the Board to file its response to
petitioner’s informal brief.
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
Case: 14-3104 Document: 12 Page: 2 Filed: 07/18/2014
2 JOHNSON v. MSPB
employing agency is designated as the respondent when
the Board reaches the merits of the underlying case.
Here, the Board dismissed petitioner’s appeal for failure
to make nonfrivolous allegations of Board jurisdiction.
Thus, the Board is the proper respondent in this petition
for review.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The revised official cap-
tion is reflected above.
(2) The Board’s informal response brief is due within
21 days from the date of this order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s26