Cobell v. Merit Systems Protection Board

• Court: Court of Appeals for the Federal Circuit
• Decided: April 6, 2012
• Docket: 2012-3080
• Status: Unpublished

Opinion

NOTE: This order is nonprecedential United States Court of AppeaIs for the Federal Circuit CHRISTINE COBELL, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Respondent. 2012-3080 Petition for review of the Merit Syste1ns Protection Board in case n0. DEO752090455-1-1. ON MOTION ORDER The Department of Hea1th and Human Services moves without opposition to recaption to name the Merit Systems Protection Board as respondent, and for a 40-day extension of time to file a response brief. 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

COBELL V. MSPB 2 the Board reaches the merits of the underlying case Here, ~ the Board dismissed Cobell’s appeal for lack of jurisdiction Thus, the Board is the proper respondent in this petition for review Accordingly, IT ls ORDERE:o THA'1‘: The motions are granted The revised official caption is reflected above. The Board should calculate its brief due date from the date of service of the petitioner’s initial brief. FoR THE CoURT APR 0 6 2012 /s/ Jan Horbal_v Date J an Horbaly' Clerl< cc: Brenda Lindlief-Hall, Esq. Alex P. Hontos, Esq. Lindsey Schreckengost, Esq. 321 us coun~'r:f)'Fl:?i'a=?PEA\sFon _ THE FE!'}ERAL C|HCUlT APR U 6 2012 JAN HORBALY CLERK