Opinion
2012-3036
02-09-2012
MARCUS A. MALONE, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. CH1221110078-W-1.
ON MOTION
ORDER
The Department of Commerce (Commerce) moves without opposition to recaption to name the Merit Systems Protection Board (Board) as respondent. Also, Commerce moves for an extension of time for MSPB to file its brief following the disposition of the motion.
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 Malone's appeal for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review.
The petitioner's brief has not yet been filed.
Accordingly,
IT IS ORDERED THAT:
The motion is granted. The revised official caption is reflected above.
FOR THE COURT
Jan Horbaly.
Clerk
cc: Marcus A. Malone
William J. Grimaldi, Esq.
Katherine Smith, Esq.
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