Case: 12-3172 Document: 9 Page: 1 Filed: 10/04/2012

NOTE: This order is nonprecedential.

Wniteb ~tate~ (lCourt of §ppeaI~ for tbe jfeberaI (lCircuit

LAWRENCE ALAN LEVINE, Petitioner,

v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

2012-3172

Petition for review of the Merit Systems Protection Board in case no. DE315H110517-I-1.

ON MOTION

ORDER The Department of the Army moves to recaption to name the Merit Systems Protection Board as respondent and for an extension of time for the Board to file its 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 the Board reaches the merits of the underlying case. Here, Case: 12-3172 Document: 9 Page: 2 Filed: 10/04/2012

LAWRENCE LEVINE V. MSPB 2

the Board dismissed Levine's 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 responsive brief is 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: Lawrence A. Levine Matthew P. Roche, Esq. Lindsey Schreckengost, Esq. s21