Case: 14-3176 Document: 10 Page: 1 Filed: 09/30/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DENISE L. ROBINSON,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3176
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-0580-I-1.
______________________
ON MOTION
______________________
ORDER
The Department of the Interior moves without opposi-
tion to reform the caption to designate the Merit Systems
Protection Board (“Board”) as the respondent and for an
extension of time for the Board to file its response 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
Case: 14-3176 Document: 10 Page: 2 Filed: 09/30/2014
2 DENISE ROBINSON v. MSPB
the Board reaches the merits of the underlying case.
Here, the Board dismissed Denise L. Robinson’s petition
for lack of jurisdiction. Thus, the Board is the proper
respondent in this petition for review
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted. The revised official cap-
tion is reflected above.
(2) The Board’s brief is due within 21 days of the date
of filing of this order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s27
