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Johnson v. Merit Sys. Prot. Bd.

United States Court of Appeals for the Federal Circuit
Jun 6, 2012
2012-3096 (Fed. Cir. Jun. 6, 2012)

Opinion

2012-3096

06-06-2012

SHIKIK T. JOHNSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent,


NOTE: This order is nonprecedential.

Petition for review of the Merit Systems Protection Board in case no. PH315H110386-I-1.

ON MOTION


ORDER

The Department of Defense moves to recaption to name the Merit Systems Protection Board as respondent and for an extension of time for the Board to file its brief.

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 Johnson's 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. The Board should calculate its brief due date from the date of filing of this order.

FOR THE COURT

____________________________

Jan Horbaly

Clerk
cc: Shikik T. Johnson

Robert C. Bigler, Esq.

Lindsey Schreckengost, Esq.
s21


Summaries of

Johnson v. Merit Sys. Prot. Bd.

United States Court of Appeals for the Federal Circuit
Jun 6, 2012
2012-3096 (Fed. Cir. Jun. 6, 2012)
Case details for

Johnson v. Merit Sys. Prot. Bd.

Case Details

Full title:SHIKIK T. JOHNSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD…

Court:United States Court of Appeals for the Federal Circuit

Date published: Jun 6, 2012

Citations

2012-3096 (Fed. Cir. Jun. 6, 2012)