Case: 14-3072 Document: 11 Page: 1 Filed: 05/02/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MARIA LAVINIA JONES,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3072
______________________
Petition for review of the Merit Systems Protection
Board in No. CB-7121-13-0111-V-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, and for a 21
day extension of time, for the Board to file its opening
brief. 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
Case: 14-3072 Document: 11 Page: 2 Filed: 05/02/2014
2 JONES v. MSPB
employing agency is designated as the respondent when the
Board reaches the merits of the underlying case. Here, the
Board dismissed Maria Lavinia Jones’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 Board’s informal response brief is due within
21 days from the date of filing of this order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s21
