John Berry, Director v. Tony Hopper , 496 F. App'x 88 ( 2013 )

Case: 13-3052 Document: 19 Page: 1 Filed: 02/08/2013
United States Court of Appeals
for the Federal Circuit
______________________
JOHN BERRY, DIRECTOR, OFFICE OF
PERSONNEL MANAGEMENT,
Petitioner,
v.
TONY D. HOPPER,
Respondent.
______________________
2013-3052
______________________
Petition for review of the Merit Systems Protection
Board in case no. CH0731090798-I-3.
______________________
ORDER
The court reviews the recent docketing of this petition
for review and notes that it was docketed in error.
Pursuant to 5 U.S.C. § 7703(d)(1), the Director of the
Office of Personnel Management may obtain review of a
decision of the Merit Systems Protection Board by filing a
petition for judicial review. Such a matter is to be docket-
ed by this court as a Miscellaneous Docket matter, and if
the court in its discretion grants the petition for judicial
review, then the court dockets the matter as a regular
petition. It appears that this matter should have been
first docketed as a Miscellaneous Docket matter. Re-
Case: 13-3052 Document: 19 Page: 2 Filed: 02/08/2013
2 JOHN BERRY, DIRECTOR v. TONY HOPPER
spondent Tony D. Hopper has responded to the petition in
2013-3052, but the court recently rejected an entry of
appearance by the Merit Systems Protection Board be-
cause this matter was improperly docketed as a regular
petition and the Board was not named as a party. Pursu-
ant to Section 7703(d)(1), the Board has the right to
appear in the proceeding.
Accordingly,
IT IS ORDERED THAT:
This petition is dismissed as improperly docketed, and
reopened as Misc. No. 145. Once that matter is opened on
CM/ECF, the parties should refile the relevant docket
entries within 14 days of such action on CM/ECF. In
Misc. No. 145, the Board may file its response to the
petition for permission to appeal within 21 days of docket-
ing of Misc. No. 145. Thereafter, the court will consider
the petition for judicial review pursuant to 5 U.S.C.
7703(d)(1).
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk