Case: 12-3176 Document: 19 Page: 1 Filed: 12/07/2012
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
MELISSA L. BURNETT,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2012-3176
__________________________
Petition for review of the Merit Systems Protection
Board in case no. CH1221110614-W-1.
__________________________
ON MOTION
__________________________
ORDER
The Department of Housing and Urban Development
moves to recaption to name the Merit Systems Protection
Board as respondent. Melissa Burnett moves for an
extension of time, which the court treats as a motion for
leave to file her November 13, 2012 brief and withdraw her
previously submitted brief.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-
nated as the respondent when the Board's decision concerns
Case: 12-3176 Document: 19 Page: 2 Filed: 12/07/2012
MELISSA BURNETT V. MSPB 2
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 Burnett’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 reform the official caption is
granted. The revised official caption is reflected above.
The Board should calculate the due date for its response
brief from the date of filing of this order.
(2) The motion for an extension of time is granted.
The November 13 brief is accepted for filing. The previ-
ously submitted brief is withdrawn.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
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