Opinion
2012-3095
06-18-2012
THOMAS M. ROYSTON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. DC315H110613-I-1.
ON MOTION
ORDER
The Department of Defense 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 Royston's appeal for lack of jurisdic- tion. 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: Thomas M. Royston
Michael D. Austin, Esq.
James M. Eisenmann, Esq.
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