Rachal v. Merit Systems Protection Board

• Court: Court of Appeals for the Federal Circuit
• Decided: March 31, 2009
• Docket: 2009-3104
• Status: Unpublished

Opinion

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

2009-3104

BRYAN E. RACHAL,

Petitioner,

v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent.

Petition for review of the Merit Systems Protection Board in DC1221080301-W-1.

ON MOTION

ORDER The Department of Agriculture moves to reform the official caption to designate the

Merit Systems Protection Board as respondent.

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. In this

case, the Board dismissed the appeal for lack of jurisdiction. Thus, the Board is the

proper respondent in this petition for review.

Accordingly,

IT IS ORDERED THAT: The motion is granted. The revised official caption is reflected above.

FOR THE COURT

MAR 3 1 2009 /s/ Jan Horbaly Date Jan Florbaly F Clerk u.s. COURT ID LE O F A PPEALS FOR THE FEDERAL CIRCUIT cc: Morris E. Fischer, Esq. Joseph A. Pixley, Esq. MAR 3 1 2009 Sara Rearden, Esq. JIUV HORMLY

s20 CLERK

2009-3104 2