Opinion
2012-3024
02-09-2012
REGINALD HILL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. AT3330110408-I-1.
ON MOTION
ORDER
The Department of Veterans Affairs moves without opposition to recaption to name the Merit Systems Protection Board as respondent. Also, the Merit Systems Protection Board moves for an extension of time to file its 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 Hill's 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. The Board should calculate its brief due date from the date of filing of this order.
FOR THE COURT
_________
Jan Horbaly
Clerk
cc: Reginald Hill
Kenneth D. Woodrow, Esq.
Katherine Smith, Esq. (Copy of Informal Brief Enclosed)
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