Nasuti v. Merit Systems Protection Board

Opinion

NOTE: This order is nonprecedential.

Wniteb ~tate~ (!Court of §ppeaI~ for tbe jfeberaI (!Circuit

MATTHEW J. NASUTI,

Petitioner,

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent.

2011-3048

Petition for review of the Merit Systems Protection Board in case no. DC1221090356-M-1.

ON MOTION

ORDER

The Department of State moves to recaption to name the Merit Systems Protection Board as respondent. Matthew Nasuti opposes.

Pursuant to 5 U.S.C. § 7703(a)(2), the Board is designated as the respondent when the Board's decision concerns 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,

NASUTI v. MSPB 2

the Board dismissed Nasuti's appeal for lack of jurisdiction, concluding that the letter he submitted could not be considered new evidence and added to the record. The Board never reached the merits.

Accordingly, IT Is ORDERED THAT: (1) The motion is granted. The revised official caption is reflected above.

(2) The Board should calculate its brief due date from the date of filing of this order.

FOR THE COURT

MAR 10 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk

cc: Matthew J. Nasuti FILED u.s. COURT OF APPEALS FOR A. Bondurant Eley, Esq. THE FEDERAL CIRCUIT Jeffrey A. Gauger, Esq.

MAR 102011

s23 JAti HORBAlY

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