Auston v. Dept. Of Veterans Affairs

' NOTE; This order is nonprecedential.

United States Court of Appea|s for the Federal Circuit 2009-3214

GENE M. AUSTON,

Petitioner, v.

MER|T SYSTEMS PROTECT|ON BOARD,

Respondent,

And g

DEPARTMENT OF VETERANS AFFA|RS, lntenrenor.

On petition for review of the Merit Systems Protection Board in CH-1221-09-0041-W-1.

ON MOTlON

0 R D E R

The Department of Veterans Affairs moves to refom1 the official caption to designate the Merit Systems Protection Board as the respondent and moves for leave to intervene The Department states that Gene M. Auston opposes.

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 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. ' According|y, |T lS ORDERED THAT: (‘l) The motion is granted The revised official caption is reflected above (2) The Board and Department should calculate their brief due date from the date of filing of this order_

JAN 1 1 2010 _

Date cc: Gene M. Auston

RogerA. Hipp, Esq.

Jeffrey Gauger, Esq. s20

2009-3214

FOR THE COURT .-‘s/ Jan Horba|v gggg go

Jan Horba|y

Clerk (copy of petitioners brief enc|osed) v-aomF'¥"° ms rso.r?nAt“P§§'§'d°n'°" .1AN 1 1 2010 imnum3rlu emma