BLOUNT v. MSPB , No. 14-3156 (Fed. Cir. 2014)
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The court issued a subsequent related opinion or order on December 9, 2014.
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Case: 14-3156 Document: 10 Page: 1 Filed: 09/19/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ SHARON L. BLOUNT, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2014-3156 ______________________ Petition for review of the Merit Systems Protection Board in No. DC-0752-13-0755-I-1. ______________________ ON MOTION ______________________ ORDER The Department of Human and Health Services moves to reform the caption to designate the Merit Systems Protection Board ( Board ) as the respondent and for an extension of time for the Board to file its response brief. Pursuant to 5 U.S.C. ยง 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: 14-3156 Document: 10 2 Page: 2 Filed: 09/19/2014 BLOUNT v. MSPB Board dismissed Sharon L. Blount s petition for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The revised official caption is reflected above. (2) The Board s brief is due within 21 days of the date of filing of this order. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s27
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