Case: 13-3062 Document: 9 Page: 1 Filed: 03/21/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

ALRAY SUMPTER, SR., Petitioner,

v. MERIT SYSTEMS PROTECTION BOARD, Respondent. __________________________

2013-3062 __________________________

Petition for review of the Merit Systems Protection Board in case no. AT0752120711-I-1. __________________________

ON MOTION __________________________

ORDER

The Department of the Treasury moves to recaption to name the Merit Systems Protection Board as respondent, and for a 21-day extension of time for the Board to file its response 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 Case: 13-3062 Document: 9 Page: 2 Filed: 03/21/2013

ALRAY SUMPTER, SR. V. MSPB 2

the Board reaches the merits of the underlying case. Here, the Board dismissed Sumpter’s appeal for lack of jurisdic- tion. 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 should calculate its brief due date from the date of filing of this order.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk s21