WHITE v. MSPB , No. 13-3179 (Fed. Cir. 2013)

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Case: 13-3179 Document: 9 Page: 1 Filed: 11/07/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ RONNEY L. WHITE, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2013-3179 ______________________ Petition for review of the Merit Systems Protection Board in No. AT0752130542-I-1. ______________________ ON MOTION ______________________ ORDER The United States Postal Service ( USPS ) moves to reform the official caption to name the Merit Systems Protection Board ( Board ) as the proper respondent. 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. The employing agency is designated as the respondent when the Board reaches the merits of the underlying case. Here, the Case: 13-3179 Document: 9 2 Page: 2 Filed: 11/07/2013 WHITE V. MSPB Board dismissed White s 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 s21

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