Malone v. Merit Systems Protection Board

• Court: Court of Appeals for the Federal Circuit
• Decided: February 9, 2012
• Docket: 2012-3036
• Status: Unpublished

Opinion

NOTE: This order is noI1precedentia1. United States Court of AppeaIs for the FederaI Circuit MARCUS A. MALONE, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Respondent. 2012-3036 Petition for review of the Merit Systems Protection B0ard in case no. CH1221110078-W-1. ON MOTION ORDER The Depart1:nent of Con1n1erce (Commerce) moves without opposition to reception to name the Merit Systems Protection Board (B0ard) as respondent A1so, Commerce moves for an extension of time for MSPB to file its brief following the disposition of the motion. Pursuant to 5 U.S.C. § 7703(a)(2), the B0ard is desig- nated as the respondent when the Board's decision con- cerns the procedure or jurisdiction of the Board. The

MALONE V. MSPB 2 employing agency is designated as the respondent when the B0ard reaches the merits of the underlying case. Here, the Board dismissed Malone’s appeal for lack of jurisdic- tion. Thus, the Board is the proper respondent in this petition for revieW. The petitioner’s brief has not yet been f1led. Accordingly, IT ls ORDERED THA'i‘: The motion is granted. The revised official caption is reflected above FoR THE CoURT FEB 09 2012 /s/ J an Horba1y Date J an Horbaly; Clerk cor Marcus A. Malone William J. Grimaldi, Esq. F"_Ep ' ' U.S. CUURT OF APPEALS FOH Kather1ne Sm1th, Esq. THE FEDERAL ClRcU". s2 1 FEB 0 9 2012 JAN HOBBALY Cl.EHK