No. 2011-3209.United States Court of Appeals, Federal Circuit.
November 14, 2011.
Petition for review of the Merit Systems Protection Board in case no. DE0752890371-C-5.
ON MOTION ORDER
The United States Postal Service moves to reform the official caption to designate the Merit Systems Protection Board as the 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. The employing agency is designated as the respondent when the Board reaches the merits of the underlying case. We
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determine that the Board should be designated as the respondent.
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.
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