Case: 13-3166 Document: 18 Page: 1 Filed: 12/16/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ELMER E. CAMPBELL, JR.,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent,
AND
UNITED STATES POSTAL SERVICE,
Intervenor.
______________________
2013-3166
______________________
Petition for review of the Merit Systems Protection
Board in No. SF0752100331-M-1.
______________________
ON MOTION
______________________
ORDER
The United States Postal Service (“USPS”) moves to
reform the caption to designate the Merit Systems Protec-
tion Board (“Board”) as the respondent and the USPS as
an intervenor in this petition. The USPS also moves for
an extension of time to file the response briefs.
Case: 13-3166 Document: 18 Page: 2 Filed: 12/16/2013
2 CAMPBELL v. MSPB
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 Board dismissed petitioner’s appeal for lack of
jurisdiction. Thus, the Board is the proper respondent in
this petition for review.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to designate the Board as respondent
and the USPS as an intervenor is granted. The revised
official caption is reflected above.
(2) The motion for extension of time is granted. The
informal response briefs are due 21 days from the date of
this order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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