Opinion
2011-3192
08-26-2011
TERRY KENNINGTON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. DE1221100502-W-1.
ON MOTION
ORDER
The Department of the Treasury moves to recaption to name the Merit Systems Protection Board as 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. Here, the Board dismissed Kennington's appeal for lack of juris- diction because it found that he failed to make a non-frivolous allegation that he made a protected disclosure under the Whistleblower Protection Act, 5 U.S.C. 2302 (b)(8). 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: Terry L. Kennington
Dawn E. Goodman, Esq
Michael Carney, Esq.