Opinion
2012-3080
04-06-2012
CHRISTINE COBELL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. DE0752090455-I-1.
ON MOTION
ORDER
The Department of Health and Human Services moves without opposition to recaption to name the Merit Systems Protection Board as respondent, and for a 40-day extension of time to file a response 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 Cobell'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 service of the petitioner's initial brief.
FOR THE COURT
______________
Jan Horbaly
Clerk
cc: Brenda Lindlief-Hall, Esq.
Alex P. Hontos, Esq.
Lindsey Schreckengost, Esq.
s21