Case: 14-3037 Document: 21 Page: 1 Filed: 03/28/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DONNA J. DEEM,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3037
______________________
Petition for review of the Merit Systems Protection
Board in No. SF0752120777-I-1.
______________________
ON MOTION
______________________
ORDER
The Department of Homeland Security moves to
reform the official caption to name the Merit Systems
Protection Board (“Board”) as the proper 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: 14-3037 Document: 21 Page: 2 Filed: 03/28/2014
2 DEEM v. MSPB
Board dismissed Donna Deem’s appeal for lack of jurisdic-
tion. 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’s informal response brief is due within
21 days 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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