Case: 13-3178 Document: 8 Page: 1 Filed: 01/13/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

WILLIAM ROBERT KELLY, Petitioner,

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent,

AND

DEPARTMENT OF COMMERCE, Intervenor. ______________________

2013-3178 ______________________

Petition for review of the Merit Systems Protection Board in No. DC0752120131-I-1. ______________________

ON MOTION ______________________ ORDER The Department of Commerce (“Commerce”) moves to reform the caption to designate the Merit Systems Protec- tion Board (“Board”) as the respondent and Commerce as an intervenor in this petition. Case: 13-3178 Document: 8 Page: 2 Filed: 01/13/2014

2 KELLY v. MSPB

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 William Robert Kelly’s appeal for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review. The court notes that Kelly has not filed his informal brief in this case. If Kelly does not file his informal brief within 21 days from the date of this order, his petition will be dismissed for failure to prosecute. Accordingly, IT IS ORDERED THAT: (1) The motion to designate the Board as respondent and Commerce as an intervenor is granted. The revised official caption is reflected above. (2) Kelly is directed to file his brief. If Kelly does not file his brief within 21 days from the date of this order, his petition will be dismissed. FOR THE COURT

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

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