Case: 13-3074 Document: 19 Page: 1 Filed: 06/10/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
FRANKLIN R. PERKINS,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2013-3074
__________________________
Petition for review of the Merit Systems Protection
Board in No. DA315I120162-I-1.
__________________________
ON MOTION
__________________________
ORDER
The Department of the Air Force moves to reform the
official caption to name the Merit Systems Protection
Board as the proper respondent, and to set the due date for
the Board’s brief as 21 days from the date of disposition of
this motion. Franklin R. Perkins opposes.
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
Case: 13-3074 Document: 19 Page: 2 Filed: 06/10/2013
FRANKLIN PERKINS V. MSPB 2
employing agency is designated as the respondent when
the Board reaches the merits of the underlying case. Here,
the Board dismissed Perkins’ 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 caption is granted. The
revised official caption is reflected above.
(2) The Board should calculate the due date for its
brief from the date of filing of this order.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s21