Opinion
2013-3179
11-07-2013
RONNEY L. WHITE, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in No. AT0752130542-I-1.
ON MOTION
ORDER
The United States Postal Service ("USPS") moves to reform the official caption to name the Merit Systems Protection Board ("Board") as the proper 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 White's appeal for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review.
Accordingly,
IT IS ORDERED THAT:
The motion to reform the caption is granted. The revised official caption is reflected above.
FOR THE COURT
______________________
Daniel E. O'Toole
Clerk
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