Edwards v. Merit Systems Protection Board

• Court: Court of Appeals for the Federal Circuit
• Decided: February 9, 2012
• Docket: 2011-3236
• Status: Unpublished

Opinion

NOTE: This order is nonprecedentia1. United States Court of AppeaIs for the Federal Circuit LORICO S. EDWARDS, Petiti0ner, V. MERIT SYSTEMS PROTECTION BOARD, Resp0n.dent. 2011-3236 Petiti0n for review of the Merit Systems Protection Board in case no. SF0752110678-I-1. ON MOTION ORDER The Depart1nent of Defense moves to reception to name the Merit Systen1s Protection Board as respondent L0rico S. Edwards opposes Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig- nated as the respondent when the B0ard'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,

EDWARDS V. MSPB 2 the Board dismissed Edwards’ appeal for lack of jurisdic- tion. Thus, the Board is the proper respondent in this petition for review. Accordingly, IT ls ORDERED THAT: The motion is granted The revised official caption is reflected above. FOR THE CoURT FEB 09 2012 /sf J an Horba1y Date J an Horbaly _ C1erk on cc; Lorico S. Edwards W11ham P' B3‘Ye1’ ESq' u.s. could i1li§%EAr.s son J ames M. E1senmann, Esq. 11-15 FEn5nALc1ncu|T 621 FEB 09 2012 JAN HORBAL¥ amax