Case: 14-3037 Document: 21 Page: 1 Filed: 03/28/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ DONNA J. DEEM, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2014-3037 ______________________ Petition for review of the Merit Systems Protection Board in No. SF0752120777-I-1. ______________________ ON MOTION ______________________ ORDER The Department of Homeland Security moves to reform the official caption to name the Merit Systems Protection Board (“Board”) as the proper respondent.

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 Case: 14-3037 Document: 21 Page: 2 Filed: 03/28/2014

2 DEEM v. MSPB

Board dismissed Donna Deem’s 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 motion to reform the caption is granted. The revised official caption is reflected above. (2) The Board’s informal response brief is due within days from the date of filing of this order.

FOR THE COURT /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

s19