Opinion
2011-3130
08-04-2011
CHARLES G. 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NOTE: This order is nonprecedential.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. DE0353100501-I-1.
ON MOTION
ORDER
The United States Postal Service moves to reform the caption to name the Merit Systems Protection 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.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The revised official caption is reflected above.
(2) The Board's brief is due within 21 days from the date of filing of this order.
FOR THE COURT
Jan Horbaly
Clerk
cc: Charles G. Johnson
Lartease M. Tiffith, Esq.
Jeffrey A. Gauger, Esq. (informal brief enclosed)
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