Opinion
2012-3079
03-30-2012
VINCENT E. WASHINGTON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. DC0752110411-I-1.
ON MOTION
ORDER
The Department of the Treasury 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 Washington's appeal for lack of juris- diction. 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.
FOR THE COURT
______________
Jan Horbaly Clerk
cc: Vincent E. Washington
Joseph A. Pixley, Esq.
David Brooks, Esq.
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