Opinion
2011-3240
12-09-2011
NATHANIEL COOPER, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. DC1221110320-W-1.
ON MOTION
ORDER
The Department of the Army moves to reform the official caption to designate 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. We determine that the Board should he designated as the respondent.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The revised official caption is reflected above.
(2) The Board should calculate its brief due date from the date of filing of this order.
FOR THE COURT
Jan Horbaly
Clerk
cc: Nathaniel Cooper
Matthew F. Scarlato, Esq.
Lindsey Schreckengost, Esq. (Copy of Petitioner's Informal Brief Enclosed)
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