Hill v. MSPB ( 2014 )


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  • Case: 14-3216      Document: 12      Page: 1     Filed: 11/21/2014
    NOTE: This order is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    JIMMY R. HILL,
    Petitioner,
    v.
    MERIT SYSTEMS PROTECTION BOARD,
    Respondent.
    ______________________
    2014-3216
    ______________________
    Petition for review of the Merit Systems Protection
    Board in No. AT-3443-14-0778-I-1.
    ______________________
    ON MOTION
    ______________________
    ORDER
    The United States Postal Service (“USPS”) moves to
    reform the official caption to designate 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. The USPS
    states that Jimmy R. Hill opposes.
    Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-
    nated as the respondent when the Board’s decision con-
    Case: 14-3216         Document: 12   Page: 2    Filed: 11/21/2014
    2                                   HILL   v. MSPB
    cerns 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 Hill’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
    s21
    

Document Info

Docket Number: 14-3216

Filed Date: 11/21/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021