MacHulas v. Merit Systems Protection Board

• Court: Court of Appeals for the Federal Circuit
• Decided: April 2, 2012
• Docket: 2012-3081
• Status: Unpublished

Opinion

NOTE: This order is nonprecedential United States Court of Appeals for the FederaI Circuit LEONARD P. MACHULAS, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Resp0ndent. 2012-3081 Petition for review of the Merit Systems Protectior1 Board in case no. PH3443110342-I-1. ON MOTION ORDER The Department of the Air Force moves to recaption to name the Merit Systems 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 Mr. Machulas’s appeal for lack of

MACHULAS V. MSPB 2 jurisdiction 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 APR 02 2012 Date /s/ J an Horbaly J an Horbaly _ Clerk cc: Leonard P. Machulas Ryan M. Majerus, Esq. . Calvin Morrow, Esq. (Petitioner’s Inforrnal Brief En- closed) s21 FlLED U.S. CUUHT 0F APPEALS FO THE FEDEHAL CiRCU|T APR 02 2012 JAN HOHBALV CLERK B