Case: 14-3187 Document: 12 Page: 1 Filed: 10/21/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ ANN MARIE DUNCAN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2014-3187 ______________________ Petition for review of the Merit Systems Protection Board in No. DC-752S-14-0506-I-1. ______________________ ON MOTION ______________________ ORDER The Department of Homeland Security moves to reform the caption to designate the Merit Systems Protec- tion 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.

Case: 14-3187 Document: 12 Page: 2 Filed: 10/21/2014

2 DUNCAN v. MSPB

Here, the Board dismissed Ms. Duncan’s petition for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review.

Accordingly, IT IS ORDERED THAT: The motion is granted. The revised official caption is reflected above. The Board should calculate the due date for its 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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