Case: 12-3178 Document: 13 Page: 1 Filed: 10/04/2012

NOTE: This order is nonprecedential.

Wntteb ~tate~ (!Court of §ppeaI~ for tbe jfeberaI QCtrcutt

DAVID R. MASON, Petitioner,

v. MERIT SYSTEMS PROTECTION BOARD, Respondent,

AND DEPARTMENT OF HOMELAND SECURITY, Intervenor.

2012-3178

Petition for review of the Merit Systems Protection Board in case no. AT1221090728-B-1.

ON MOTION

ORDER The Department of Homeland Security (DHS) moves to reform the caption to name the Merit Systems Protection Board as the respondent, for leave to intervene, and for an extension of time for the Board and DHS to file their response briefs. Case: 12-3178 Document: 13 Page: 2 Filed: 10/04/2012

DAVID MASON V. MSPB 2

Pursuant to 5 U.S.C. § 7703(a)(2), the Board is designated as the respondent when the Board's decision concerns the procedure or jurisdiction of the Board. In this case, the Board dismissed the appeal for lack of jurisdiction. 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's and DHS' responsive briefs are due within 21 days of the date of filing of this order.

FOR THE COURT

OCT 04 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk cc: David R. Mason Antonia Ramos Soares, Esq. Calvin Morrow, Esq. s21