NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit PHYLLIS ARCHER, Petiti0ner, V. MERIT SYSTEMS PROTECTION BOARD, Resp0ndent. 2012-3032 Petiti0n for review of the Merit S§/stems Protection Board in case no. DCO752110337-I-1. ON MOTION ORDER The Department of Home1and Security (DHS) moves without opposition to recaption to name the Merit Systems Protection Board (Board) as respondent. A1so, DHS moves to suspend the further briefing pending the resolution of the motion to recaption and for an extension of time for the Board to file its brief following the disposition of the motion.

ARCHER V. MSPB 2 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 the Board reaches the merits of the underlying case. Here, the Board dismissed Archer’s appeal for lack of jurisdiction Thus, the Board is the proper respondent in this petition for review Aocordingly, IT ls 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 FEB 09 mm 131 Jan H0rba1y Date J an Horba1y Clerk cc: Phyllis Archer Doug1as G. Edelschick, Esq. Michael Carney, Esq. (Copy of Informal Brief En- closed) s21 FlLED U.S. CDURT 0F APPEALS FUFl THE FEDERAL ClRCU|T FEB 0 9 2012 JAN HORBAL¥ CLEBK