Oguma v. Merit Systems Protection Board

Opinion

NOTE: This order is nonprecedential United States Court of AppeaIs for the Federal Circuit PATRICK H. OGUMA, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Responden,t. 2012-3053 0 Petition for review of the Me1‘it Systems Protection Board in case no. SF3443110113-I-1. ON MOTION ORDER The Department of the NaVy moves to recaption to name the Merit Systems Protecti0n Board as respondent A1so, the Department of the Navy moves for a 21-day extension of time for the Board to file its 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

OGUMA v. MSPB 2 the Board reaches the merits of the underlying case. Here, the Board dismissed Oguma’s appeal for lack of jurisdic- tion. Thus, the Board is the proper respondent in this petition for review Accordingly, I'r ls ORDERED THAT: The motion is granted The revised official caption is reflected above. The Board’s response brief is due within 21 days of the date of filing of this order. __ FoR THE CoURT 1 2 ls/ Jan Horba1y Date J an Ho1'baly Clerk cc: Patrick H. Oguma . Russe11 J. Upton, Esq. Lindsey Schreckengost, Esq. FlLED S21 u.s.c0un1oFAPPEAis mn rHE1=EntnALcn=:cu:r NAR '| 2 2012 JAN HORBALY CLERK