Stoglin v. Merit Sys. Prot. Bd.

Full title: COREY DEMOND STOGLIN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD…

Court: United States Court of Appeals for the Federal Circuit

Date published: Oct 7, 2014

2014-3099 (Fed. Cir. Oct. 7, 2014)

Opinion

2014-3099

10-07-2014

COREY DEMOND STOGLIN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

Daniel E. O'Toole Clerk of Court

NOTE: This order is nonprecedential. Petition for review of the Merit Systems Protection Board in No. CH-0752-12-0357-I-1.

ON MOTION

ORDER

The Department of Labor ("Labor") moves without opposition to reform the official caption to name the Merit Systems Protection Board ("Board") as the 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 Corey Demond Stoglin's petition as untimely. Thus, the Board is the proper respondent in this petition for review.

Accordingly,

IT IS ORDERED THAT:

(1) The motion to reform the caption is granted. The revised official caption is reflected above.

(2) The Board should calculate the due date for its response brief from the date of filing of this order.

FOR THE COURT

/s/ Daniel E. O'Toole

Daniel E. O'Toole

Clerk of Court
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