Bass v. Merit Systems Protection Board

• Court: Court of Appeals for the Federal Circuit
• Decided: April 30, 2012
• Docket: 2012-3086
• Status: Unpublished

Opinion

NOTE: This order is nonprecedential. United States Court of AppeaIs for the FederaI Circuit LAVERNE F. BASS, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Respon,dent. _ 2012-3086 § Petition for review of the Merit Syste1ns Protection B0ard in case no. CB7121110022-V-1. ON MOTION ORDER The Departn1ent of La`b0r moves to recapti0n to name the Merit Syste1ns Protection Board as respondent. Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig- nated as the respondent when the Board's decision con- cerns 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 Bass’s appeal for lack of jurisdiction

BASS V. MSPB 2 Thus, the Board is the proper respondent in this petition for review According1y, IT ls OR1)ERED THAT: The motion is granted The revised official caption is reflected above. ' FOR THE COURT _ APR 30 mm 131 Jan H01~ba1y Date J an Horbaly _ Clerk cc: Laverne F. Bass F|LED Mi°ha@‘1 D~ S“Yd@1'= ES‘l~ u.s.c0un1 oF APPEALs ma J9ff¢'ey Gauge1', ESq_ THE FET]EFf!‘.L C|RCUlT 521 APR 30 2012 JAN HOHBAl.Y CLEBK