Opinion
2011-3236
02-09-2012
LORICO S. EDWARDS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. SF0752110678-I-1.
ON MOTION
ORDER
The Department of Defense moves to recaption to name the Merit Systems Protection Board as respondent. Lorico S. Edwards opposes.
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 Edwards' appeal for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review.
Accordingly,
IT IS ORDERED THAT:
The motion is granted. The revised official caption is reflected above.
For The Court
______________________
Jan Horbaly
Clerk
cc: Lorico S. Edwards
William P. Rayel, Esq.
James M. Eisenmann, Esq.