Case: 14-3211 Document: 17 Page: 1 Filed: 10/30/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RALPH M. MALONE,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3211
______________________
Petition for review of the Merit Systems Protection
Board in No. DE-0831-14-0311-I-1.
______________________
ON MOTION
______________________
ORDER
The Office of Personnel Management moves to reform
the official caption to name the Merit Systems Protection
Board (“Board”) as the respondent, and for an extension of
time for the Board to file its response brief 21 days from the
date of disposition of this motion.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-
nated as the respondent when the Board’s decision con-
cerns the procedure or jurisdiction of the Board. The
Case: 14-3211 Document: 17 Page: 2 Filed: 10/30/2014
2 MALONE v. MSPB
employing agency is designated as the respondent when the
Board reaches the merits of the underlying case. Here, the
Board dismissed Malone’s appeal for lack of jurisdiction.
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 motion for an extension of time to file the re-
sponse brief is granted to the extent that the Board
should calculate the due date for its 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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