Welcome v. Mspb

Case: 13-3093 Document: 13 Page: 1 Filed: 07/05/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
JAMES R. WELCOME,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2013-3093, -3094
__________________________
Petitions for review of the Merit Systems Protection
Board in Nos. AT0752120317-I-1 and AT0752120469-I-1.
__________________________
ON MOTION
__________________________
ORDER
The Department of the Navy moves without opposition
to reform the official caption to name the Merit Systems
Protection Board as the proper respondent, and to set the
due date for the Board’s brief as 21 days from the date of
disposition of this motion.
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
Case: 13-3093 Document: 13 Page: 2 Filed: 07/05/2013
WELCOME V. MSPB 2
employing agency is designated as the respondent when
the Board reaches the merits of the underlying case. Here,
the Board dismissed Welcome’s appeals for lack of jurisdic-
tion. 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.
(2) The Board should calculate the due date for its
brief from the date of filing of this order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s21