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NOTE: This order is nonprecedential.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
s27