Case: 12-3155 Document: 13 Page: 1 Filed: 12/07/2012
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
ILIR M. TSUNGU,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2012-3155
__________________________
Petition for review of the Merit Systems Protection
Board in case no. DC3443120310-I-1.
__________________________
ON MOTION
__________________________
ORDER
The Department of the Treasury moves to recaption to
name the Merit Systems Protection Board as respondent
and for an extension of time, until November 15, 2012, 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 concerns
the procedure or jurisdiction of the Board. The employing
agency is designated as the respondent when the Board
Case: 12-3155 Document: 13 Page: 2 Filed: 12/07/2012
ILIR TSUNGU V. MSPB 2
reaches the merits of the underlying case. Here, the Board
dismissed Tsungu’s appeal for lack of jurisdiction. Thus,
the Board is the proper respondent in this petition for
review.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to reform the caption is granted. The
revised official caption is reflected above. The Board’s
responsive brief is due within 21 days of the date of filing
of this order.
(2) The motion for an extension of time is denied as
moot.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s21
