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NOTE: This order is nonprecedential.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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