Opinion
2012-3093
05-22-2012
REGINALD HILL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD Respondent.
NOTE: This order is nonprecedential.
Petition for Review of the Merit Systems Protection Board in case no. AT1221110409-W-1.
ON MOTION
ORDER
The Department of Veterans Affairs moves to recaption to designate the Merit Systems Protection Board (Board) as the respondent.
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. Here, the Board dismissed Hill's petition for lack of jurisdiction.
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 responsive brief is due within 21 days of the date of filing of this order.
FOR THE COURT
______________
Jan Horbaly
Clerk
cc: Reginald Hill
Armando Rodriguez-Feo, Esq.
Calvin Morrow, Esq. (informal brief enclosed)
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