Opinion
2013-3040
04-24-2013
PATRICIA W. DANIEL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in No. AT0752110374-I-2.
ON MOTION
ORDER
The Department of the Army moves without opposition to reform the official caption to designate the Merit Systems Protection Board ("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.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The Department of the Army's motion to reform the caption is granted. The revised official caption is reflected above.
(2) The respondent should calculate its brief due date from the date of filing of this order.
FOR THE COURT
____________________
Jan Horbaly
Clerk
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