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Midyett v. Merit Sys. Prot. Bd.

United States Court of Appeals for the Federal Circuit
Aug 1, 2014
2014-3131 (Fed. Cir. Aug. 1, 2014)

Opinion

2014-3131

08-01-2014

ALLAN F. MIDYETT, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.


NOTE: This order is nonprecedential. Petition for review of the Merit Systems Protection Board in No. DA-3330-12-0569-I-1.

ON MOTION

ORDER

The Department of Veterans Affairs moves to reform the official caption to name the Merit Systems Protection Board ("Board") as the proper respondent, and for a 21-day extension of time following the disposition of this motion for the Board to file its response 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. We determine that the Board should be designated as the respondent.

Accordingly,

IT IS ORDERED THAT:

(1) The motion is granted. The Board's brief shall be due within 21 days of the date of this order.

(2) The revised official caption is reflected above.

FOR THE COURT

/s/ Daniel E. O'Toole

Daniel E. O'Toole

Clerk of Court
s21


Summaries of

Midyett v. Merit Sys. Prot. Bd.

United States Court of Appeals for the Federal Circuit
Aug 1, 2014
2014-3131 (Fed. Cir. Aug. 1, 2014)
Case details for

Midyett v. Merit Sys. Prot. Bd.

Case Details

Full title:ALLAN F. MIDYETT, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD…

Court:United States Court of Appeals for the Federal Circuit

Date published: Aug 1, 2014

Citations

2014-3131 (Fed. Cir. Aug. 1, 2014)