Case: 14-3104 Document: 12 Page: 1 Filed: 07/18/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

EUGENE D. JOHNSON, Petitioner,

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________

2014-3104 ______________________

Petition for review of the Merit Systems Protection Board in No. DC-3443-14-0150-I-1. ______________________

ON MOTION ______________________ ORDER The Department of Health and Human Services (“HHS”) moves to reform the caption to designate the Merit Systems Protection Board (“Board”) as the respond- ent in this petition. HHS also moves for a 21-day exten- sion of time for the Board to file its response to petitioner’s informal brief. 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 Case: 14-3104 Document: 12 Page: 2 Filed: 07/18/2014

2 JOHNSON v. MSPB

employing agency is designated as the respondent when the Board reaches the merits of the underlying case. Here, the Board dismissed petitioner’s appeal for failure to make nonfrivolous allegations of Board jurisdiction. Thus, the Board is the proper respondent in this petition for review. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The revised official cap- tion is reflected above. (2) The Board’s informal response brief is due within 21 days from the date of this order. FOR THE COURT

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

s26