Case: 12-3217 Document: 15 Page: 1 Filed: 12/13/2012

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

HENRY E. GOSSAGE, Petitioner,

v. DEPARTMENT OF LABOR, Respondent. __________________________

2012-3217 __________________________

Petition for review of the Merit Systems Protection Board in case no. SF3330110227-I-1. __________________________

ON MOTION __________________________

ORDER

The Department of Labor 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 dismissed Henry Gossage’s appeal for lack of jurisdiction. Case: 12-3217 Document: 15 Page: 2 Filed: 12/13/2012

HENRY GOSSAGE V. MSPB 2

Thus, the Board is the proper respondent in this petition for review. Accordingly, IT IS ORDERED THAT:

The motion to reform the caption is granted. The re- vised 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