Case: 13-3166 Document: 18 Page: 1 Filed: 12/16/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ELMER E. CAMPBELL, JR., Petitioner,

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent,

AND

UNITED STATES POSTAL SERVICE, Intervenor. ______________________

2013-3166 ______________________

Petition for review of the Merit Systems Protection Board in No. SF0752100331-M-1. ______________________

ON MOTION ______________________ ORDER The United States Postal Service (“USPS”) moves to reform the caption to designate the Merit Systems Protec- tion Board (“Board”) as the respondent and the USPS as an intervenor in this petition. The USPS also moves for an extension of time to file the response briefs. Case: 13-3166 Document: 18 Page: 2 Filed: 12/16/2013

2 CAMPBELL v. MSPB

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 petitioner’s appeal for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review. Accordingly, IT IS ORDERED THAT: (1) The motion to designate the Board as respondent and the USPS as an intervenor is granted. The revised official caption is reflected above. (2) The motion for extension of time is granted. The informal response briefs are due 21 days from the date of this order. FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

s26