Katrina Randolph v. Smithsonian Institution

Case: 13-3106 Document: 6 Page: 1 Filed: 06/05/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

__________________________

KATRINA A. RANDOLPH,

Petitioner, v.

SMITHSONIAN INSTITUTION,

Respondent.

__________________________ 2013-3106 __________________________

Petition for review of the Merit Systems Protection Board in No. DC315H120325-I-1.

__________________________ PER CURIAM. ORDER

The court considers whether this appeal should be dismissed as untimely.

Katrina A. Randolph petitions for review of a Febru- ary 22, 2013 decision by the Merit Systems Protection Board. Her petition was initially received by the court on April 25, 2013. Via a letter, the court returned Ms. Ran- dolph’s petition to her because it appeared to have been received out of time. A response, received by this court on May 6, 2013, was submitted on Ms. Randolph’s behalf. Case: 13-3106 Document: 6 Page: 2 Filed: 06/05/2013 KATRINA RANDOLPH V. SMITHSONIAN INSTITUTION 2 That response was construed as a notice of appeal and was docketed as the present appeal.

Accordingly, IT IS ORDERED THAT: (1) Katrina A. Randolph and the Smithsonian Insti- tution are directed to respond within 30 days from the date of filing of this order concerning whether this peti- tion should be dismissed.

(2) The briefing schedule is stayed.

FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s23