Case: 13-3011 Document: 12 Page: 1 Filed: 12/13/2012

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

MARSHA L. PAYTON, Petitioner,

v. MERIT SYSTEMS PROTECTION BOARD, Respondent. __________________________

2013-3011 __________________________

Petition for review of the Merit Systems Protection Board in case no. AT0353110956-I-1. __________________________

ON MOTION __________________________

ORDER

The Department of Homeland Security moves to recaption to name the Merit Systems Protection Board as respondent.

Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig- nated as the respondent when the Board's decision concerns 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 Case: 13-3011 Document: 12 Page: 2 Filed: 12/13/2012

MARSHA PAYTON V. MSPB 2

dismissed Payton’s appeal for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review. Accordingly, IT IS ORDERED THAT:

The motion is 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

/s/ Jan Horbaly Jan Horbaly Clerk s21