Case: 14-3081 Document: 12 Page: 1 Filed: 05/28/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MARIA LAVINIA JONES,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3081
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-13-0168-I-1.
______________________
ON MOTION
______________________
ORDER
The Department of Energy moves to reform the official
caption to name the Merit Systems Protection Board
(“Board”) as the proper respondent. Maria Lavinia Jones
opposes.
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
employing agency is designated as the respondent when the
Case: 14-3081 Document: 12 Page: 2 Filed: 05/28/2014
2 JONES v. MSPB
Board reaches the merits of the underlying case. Here, the
Board dismissed Jones’ 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
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s21
