MIDYETT v. MSPB , No. 14-3131 (Fed. Cir. 2014)
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The court issued a subsequent related opinion or order on December 3, 2014.
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Case: 14-3131 Document: 14 Page: 1 Filed: 08/01/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ALLAN F. MIDYETT, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2014-3131 ______________________ Petition for review of the Merit Systems Protection Board in No. DA-3330-12-0569-I-1. ______________________ ON MOTION ______________________ ORDER The Department of Veterans Affairs 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 following the disposition of this motion 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 Case: 14-3131 Document: 14 2 Page: 2 MIDYETT Filed: 08/01/2014 v. MSPB employing agency is designated as the respondent when the Board reaches the merits of the underlying case. We determine that the Board should be designated as the respondent. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The Board s brief shall be due within 21 days of the date of this order. (2) The revised official caption is reflected above. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s21
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