Case: 13-3050 Document: 13 Page: 1 Filed: 03/07/2013

CORRECTED ORDER ISSUED: March 7, 2013 NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ WENDY W. GHANNAM, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2013-3050 ______________________ Petition for review from the Merit Systems Protection Board in case no. DC0841120179-I-1. ______________________ ON MOTION ______________________ ORDER The Office of Personnel Management moves to recap- tion to designate the Merit Systems Protection Board (“Board”) as the respondent.

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 Case: 13-3050 Document: 13 Page: 2 Filed: 03/07/2013

2 WENDY GHANNAM v. MSPB Board reaches the merits of the underlying case. Here, the Board dismissed Wendy Ghannam’s petition 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 respondent should calculate its brief due date from the date of filing of this order.

FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk

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