Barnett v. Merit Systems Protection Board

• Court: Court of Appeals for the Federal Circuit
• Decided: February 24, 2009
• Docket: 2009-3075
• Status: Unpublished

Opinion

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-3075

EARL T. BARNETT

Petitioner,

v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent.

Petition for review of the Merit Systems Protection Board in PH315H080391-I-1.

ON MOTION

Before DYK Circuit Judge.

ORDER

The Department of Justice moves without opposition to reform the official caption

to designate the Merit Systems Protection Board as respondent. Separately, Earl T.

Barnett moves for a 40-day extension of time, until February 23, 2009, to obtain counsel

and file his brief.

Barnett filed an appeal with the Board alleging that his resignation from his cook

foreman position was involuntary. The Board concluded that it did not have jurisdiction

over Barnett's claim because, as a probationary employee, he did not have appeal rights.

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

proper respondent in this petition for review.

Accordingly,

IT IS ORDERED THAT:

The Department of Justice's motion to reform the official caption is granted.

The revised official caption is reflected above.

Barnett's motion for an extension of time is granted.

FOR THE COURT

FEB 2 4 2009 /s/ Jan Horbaly Date Jan Horbaly FILED U.S. COURT OF APPEALS FOR Clerk THE FEDERAL CIRCUIT

cc: Earl T. Barnett FEB 2 4 2009 Joan Stentiford Swyers, Esq. Bernard Doyle, Esq. JAN riORLIALY CLERK s20

2009-3075 2