Case: 13-3040 Document: 11 Page: 1 Filed: 04/24/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
PATRICIA W. DANIEL,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2013-3040
__________________________
Petition for review of the Merit Systems Protection
Board in No. AT0752110374-I-2.
__________________________
ON MOTION
__________________________
ORDER
The Department of the Army moves without opposi-
tion to reform the official caption to designate the Merit
Systems Protection Board (“Board”) as the respondent.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is
designated as the respondent when the Board's decision
concerns the procedure or jurisdiction of the Board. In this
case, the Board dismissed the appeal for lack of
Case: 13-3040 Document: 11 Page: 2 Filed: 04/24/2013
PATRICIA DANIEL V. MSPB 2
jurisdiction. Thus, the Board is the proper respondent in
this petition for review.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The Department of the Army’s motion to reform
the caption is granted. The revised official caption is
reflected above.
(2) The respondent should calculate its brief due date
from the date of filing of this order.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
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