Opinion
2011-3208
11-04-2011
JAMES H. TARR, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. DE315H090407-B-1.
ON MOTION
ORDER
The Department of Veterans Affairs moves to reform the official caption to designate the Merit Systems Protection Board as the respondent and for an extension of time for the Board to file its 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 motions are granted. The revised official caption is reflected above.
(2) The Board's brief is due within 21 days of the date of filing of this order.
FOR THE COURT
Jan Horbaly
Clerk
cc: James A. Tarr
Russell J. Upton, Esq.
David S. Brooks, Esq. (Copy of Petitioner's Informal
Brief Enclosed)
s20