Francisco v. Merit Sys. Prot. Bd.

Petition for review of the Merit Systems Protection Board in case no. SF0752110183-I-1.

The Department of Defense moves without opposition to reform the caption to name the Merit Systems Protection Board as the respondent and for leave to intervene.

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 to reform the official caption and to intervene is granted. The revised official caption is reflected above.

FOR THE COURT

_________________

Jan Horbaly

Clerk

cc: R.T. Lee, III, Esq.

Jessica R. Toplin, Esq.

Katherine Smith, Esq.

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