Case: 12-3217 Document: 15 Page: 1 Filed: 12/13/2012
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
HENRY E. GOSSAGE,
Petitioner,
v.
DEPARTMENT OF LABOR,
Respondent.
__________________________
2012-3217
__________________________
Petition for review of the Merit Systems Protection
Board in case no. SF3330110227-I-1.
__________________________
ON MOTION
__________________________
ORDER
The Department of Labor moves to recaption to name
the Merit Systems Protection Board as respondent.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-
nated as the respondent when the Board's decision concerns
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 Henry Gossage’s appeal for lack of jurisdiction.
Case: 12-3217 Document: 15 Page: 2 Filed: 12/13/2012
HENRY GOSSAGE V. MSPB 2
Thus, the Board is the proper respondent in this petition for
review.
Accordingly,
IT IS ORDERED THAT:
The motion to reform the caption is granted. The re-
vised official caption is reflected above. The Board’s
responsive brief is due within 21 days of the date of filing
of this order.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s21