Sumpter v. Mspb

Case: 13-3062 Document: 9 Page: 1 Filed: 03/21/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
ALRAY SUMPTER, SR.,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2013-3062
__________________________
Petition for review of the Merit Systems Protection
Board in case no. AT0752120711-I-1.
__________________________
ON MOTION
__________________________
ORDER
The Department of the Treasury moves to recaption to
name the Merit Systems Protection Board as respondent,
and for a 21-day 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: 13-3062 Document: 9 Page: 2 Filed: 03/21/2013
ALRAY SUMPTER, SR. V. MSPB 2
the Board reaches the merits of the underlying case. Here,
the Board dismissed Sumpter’s appeal for lack of jurisdic-
tion. Thus, the Board is the proper respondent in this
petition for review.
Accordingly,
IT IS ORDERED THAT:
The motions are granted. The revised official caption
is reflected above. The Board should calculate its brief
due date from the date of filing of this order.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s21