Case: 14-3156 Document: 10 Page: 1 Filed: 09/19/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ SHARON L. BLOUNT, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2014-3156 ______________________ Petition for review of the Merit Systems Protection Board in No. DC-0752-13-0755-I-1. ______________________ ON MOTION ______________________ ORDER The Department of Human and Health Services moves to reform the caption to designate the Merit Sys- tems Protection Board (“Board”) as the respondent and for an extension of time for the Board to file its response 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 employing agency is designated as the respondent when the Board reaches the merits of the underlying case. Here, the Case: 14-3156 Document: 10 Page: 2 Filed: 09/19/2014

2 BLOUNT v. MSPB

Board dismissed Sharon L. Blount’s petition for lack of 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 brief is due within 21 days of the date of filing of this order.

FOR THE COURT /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court s27