Stewart v. Mspb

Case: 12-3210 Document: 15 Page: 1 Filed: 03/21/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________ SHARON A. STEWART, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. __________________________ 2012-3210 __________________________ Petition for review of the Merit Systems Protection Board in case no. SF0353110710-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: 12-3210 Document: 15 Page: 2 Filed: 03/21/2013

SHARON STEWART V. MSPB 2 the Board reaches the merits of the underlying case. Here, the Board dismissed Stewart’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