Spearman V.merit Systems Protection Board

Case: 13-3053 Document: 13 Page: 1 Filed: 03/11/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ AVON JARRETT SPEARMAN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. __________________________ 2013-3053 __________________________ Petition for review of the Merit Systems Protection Board in case no. DC0752120306-I-1. __________________________ ON MOTION __________________________ ORDER The Department of the Treasury moves to recaption to name the Merit Systems Protection Board as respondent, and for a 21-day extension of time for the Board to file its response brief. 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 Case: 13-3053 Document: 13 Page: 2 Filed: 03/11/2013 AVON SPEARMAN V. MSPB 2 the Board reaches the merits of the underlying case. Here, the Board dismissed Spearman’s appeal for lack of jurisdic- tion. Thus, the Board is the proper respondent in this petition for review. Accordingly, IT IS ORDERED THAT: The motions are granted. The revised official caption is reflected above. The Board should calculate its brief due date from the date of filing of this order. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s21