Opinion
2012-3135
06-20-2012
GARY W. SMITH, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. AT0831120034-I-1.
ON MOTION
ORDER
The Office of Personnel Management (OPM) moves without opposition 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. In this case, the Board dismissed the appeal for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review.
Accordingly,
IT IS ORDERED THAT:
The motion to reform the official caption is 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: Gary W. Smith
Joseph E. Ashman, Esq.
Lindsey Schreckengost, Esq.
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