Perry v. Merit Systems Protection Board

NOTE: This order is nonprecedential

United States Court of Appeals for the Federal Circuit

SHERWANDA L. PERRY,

Petitioner,

V.

MERIT SYSTEMS PROTECTION BOARD,

Respon,dent.

2010-3119

Petition for review of the Merit Systems Protection Board in case no. CH0831090853-I-1.

ON MOTION

ORDER

The Office of Personne1 Manage1nent moves to reform the ofHcia1 caption to designate the Merit Systems Protection Board as the respondent and for an extension of time to file the respondent's brief

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 PERRY V. OPM 2 deciding agency is designated as the respondent when the Board reaches the merits of the underlying case.

In this case, the Board dismissed the appeal for lack of jurisdiction Thus, the Board is the proper respondent. Accordingly,

IT ls ORDERED THAT: (1) The motions are granted The revised official cap- tion is reflected above. (2) The Board should calculate its brief due date from the date of filing of this order. -

FoR THE CoURT

JUN 24 2010 lsi J an Horbaly

Date J an Horba1y

Clerk cc: SherWanda L. Perry

Scott A. MacGriff, Esq.

Sara B. Rearden, Esq. (copy of petitioner’s informal brief enclosed) s20 'eesv:f§l.lPs:eaF°“

JUN 24 2010

JAN HORBALY

CLERK