Donaldson v. Merit Systems Protection Board

NOTE: This order is nonprecedentia1. Um'ted States Court of Appeals for the Federal Circuit ROBERT DONNELL DONALDSON, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Respondent, AND DEPARTMENT OF HOMELAND SECURITY, Intervenor. 2012-3161 Petition for review of the Merit Systems Protection Board in case no. DC1221120087-W1. ON MCTION ORDER Robert Donne11 Donaldson moves to designate the Merit Systems Protection Board (Board) as the respon- dent. The Department of Home1and Security consents to the motion to recaption and moves to intervene in the matter. ROBERT DONALDSON V. MSPB 2 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 Donaldson’s petition for lack of jurisdic- ti0n. Thus, the Board is the proper respondent in this petition for review. Accordingly, IT Is ORDERED THAT: (1) The motion to recaption is granted. The revised of- flcial caption is reflected above. (2) The Department of Homeland Security’s motion to intervene is granted. (3) The Merit Systems Protection Board and the De- partment of Home1and Security should calculate their brief due dates from the date of this order. FOR THE COURT 1 1 /s/ Jan Horbaly Date J an Horbaly Clerk cc: Robert Donnel1 Donaldson Joshua E. Kurland, Esq. Jeffrey Gauger, Esq. m ma THEFEDERAL C|RCU\T 825 SEP 1 1 2012 JAN HORBALY CLERK