Ross v. Merit Systems Protection Board ( 2009 )


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  •                            NOTE: This order is nonprecedential.
    United States Court of Appeals for the Federal Circuit
    2009-3137
    RONALD L. ROSS,
    Petitioner,
    v.
    MERIT SYSTEMS PROTECTION BOARD,
    Respondent.
    Petition for review of the Merit Systems Protection Board in SF3443080410-I-1.
    ON MOTION
    Before NEWMAN, Circuit Judge.
    ORDER
    The United States Postal Service moves to reform the official caption to designate
    the Merit Systems Protection Board as respondent. Ronald L. Ross opposes.
    Ross filed an appeal with the Board challenging his non-selection for a promotion
    to the position of Area Maintenance Technician. The Board concluded that it did not have
    jurisdiction over Ross's claim because an agency's decision to not select an employee for
    a promotion is not appealable to the Board.
    Pursuant to 
    5 U.S.C. § 7703
    (a)(2), the Board is designated as the respondent
    when the Board's decision concerns the procedure or jurisdiction of the Board. In this
    case, the Board dismissed the appeal for lack of jurisdiction. Thus, the Board is the
    proper respondent in this petition for review.
    Accordingly,
    IT IS ORDERED THAT:
    The motion is granted. The revised official caption is reflected above.
    The Board's informal brief is due within 21 days from the date of filing of this
    order.
    FOR THE COURT
    JUN -1 2009
    /s/ Jan Horbalv
    Date                                    Jan Horbaly
    Clerk                   U.ST EUFi
    .HCO
    EPPEA UI T "
    CMCIS
    cc:      Ronald L. Ross
    Scott A. MacGriff, Esq.
    JUN 0 1 2009
    Sara Rearden, Esq.
    Lur nunoni.!
    CLERK
    s20
    2009-3137                                      2
    

Document Info

Docket Number: 2009-3137

Filed Date: 6/1/2009

Precedential Status: Non-Precedential

Modified Date: 4/17/2021