Case: 14-3176 Document: 10 Page: 1 Filed: 09/30/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ DENISE L. ROBINSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2014-3176 ______________________ Petition for review of the Merit Systems Protection Board in No. DC-0752-0580-I-1. ______________________ ON MOTION ______________________ ORDER The Department of the Interior moves without opposi- tion to reform the caption to designate the Merit Systems 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 Case: 14-3176 Document: 10 Page: 2 Filed: 09/30/2014

2 DENISE ROBINSON v. MSPB

the Board reaches the merits of the underlying case.

Here, the Board dismissed Denise L. Robinson’s petition for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review Upon consideration thereof, 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