Case: 13-3097 Document: 12 Page: 1 Filed: 06/19/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ROBERT DONNELL DONALDSON, Petitioner,

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent,

AND

DEPARTMENT OF HOMELAND SECURITY, Intervenor. ______________________

2013-3097 ______________________

Petition for review of the Merit Systems Protection Board in No. DC300A120619-I-1. ______________________

ON MOTION ______________________ ORDER Robert Donnell Donaldson moves without opposition to reform the caption to designate the Merit Systems Protection Board as the respondent. Mr. Donaldson also moves to stay briefing. The Department of Homeland Case: 13-3097 Document: 12 Page: 2 Filed: 06/19/2013

2 ROBERT DONALDSON v. MSPB

Security opposes. The Department of Homeland Security moves unopposed for leave to intervene. 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 Board reaches the merits of the underlying case. Here, the Board dismissed Mr. Donaldson’s petition for lack of juris- diction. Thus, the Board is the proper respondent in this petition for review. Accordingly, IT IS ORDERED THAT: 1) The motion to reform the caption with the Board as respondent is granted. 2) The motion to intervene is granted. The revised official caption is reflected above. 3) The motion to stay is denied. Mr. Donaldson’s opening brief is due within 30 days of the filing of this order. FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk

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