HALL v. MSPB , No. 14-3170 (Fed. Cir. 2014)

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The court issued a subsequent related opinion or order on February 5, 2015.

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Case: 14-3170 Document: 14 Page: 1 Filed: 10/16/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ RICHIE LEON HALL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2014-3170 ______________________ Petition for review of the Merit Systems Protection Board in No. DC-3443-14-0725-I-1. ______________________ ON MOTION ______________________ ORDER The Office of Personnel Management ( OPM ) moves to reform the official caption to name the Merit Systems Protection Board ( Board ) as the respondent, and for an extension of time for the Board to file its response brief 21 days from the later of the date of disposition of this motion or the date that Richie Leon Hall submits the filing fee. Hall opposes. Case: 14-3170 Document: 14 2 Page: 2 HALL Filed: 10/16/2014 v. MSPB 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 Board dismissed Richie Leon Hall 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 to reform the caption is granted. The revised official caption is reflected above. (2) The motion for an extension of time to file the response brief is granted to the extent that the Board should calculate the due date for its brief from the date Hall pays the filing fee. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s21

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