Case: 14-3099 Document: 14 Page: 1 Filed: 10/07/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ COREY DEMOND STOGLIN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2014-3099 ______________________ Petition for review of the Merit Systems Protection Board in No. CH-0752-12-0357-I-1. ______________________ ON MOTION ______________________ ORDER The Department of Labor (“Labor”) moves without opposition to reform the official caption to name the Merit Systems Protection Board (“Board”) as the 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: 14-3099 Document: 14 Page: 2 Filed: 10/07/2014

2 STOGLIN v. MSPB

Board dismissed Corey Demond Stoglin’s petition as un- timely. 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 should calculate the due date for its re- sponse brief from the date of filing of this order.

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

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