Case: 13-3056 Document: 12 Page: 1 Filed: 04/10/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________ AMY J. MITCHELL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. __________________________ 2013-3056 __________________________ Petition for review of the Merit Systems Protection Board in case no. DA0752110601-I-1. __________________________ ON MOTION __________________________ ORDER The Department of Justice moves without opposition to reform the caption to name the Merit Systems Protec- tion Board (Board) as the respondent. Amy J. Mitchell moves without opposition to modify the briefing schedule.

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. In this Case: 13-3056 Document: 12 Page: 2 Filed: 04/10/2013

AMY MITCHELL v. MSPB 2 case, the Board dismissed the appeal for lack of jurisdic- tion. Thus, the Board is the proper respondent in this petition for review.

Accordingly, IT IS ORDERED THAT: (1) The Department of Justice’s motion to reform the caption is granted. The revised official caption is reflected above.

(2) Mitchell’s motion to set the briefing schedule is granted. Her opening brief is due April 15, 2013.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk s26