Case: 13-3097 Document: 12 Page: 1 Filed: 06/19/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ROBERT DONNELL DONALDSON,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent,
AND
DEPARTMENT OF HOMELAND SECURITY,
Intervenor.
______________________
2013-3097
______________________
Petition for review of the Merit Systems Protection
Board in No. DC300A120619-I-1.
______________________
ON MOTION
______________________
ORDER
Robert Donnell Donaldson moves without opposition
to reform the caption to designate the Merit Systems
Protection Board as the respondent. Mr. Donaldson also
moves to stay briefing. The Department of Homeland
Case: 13-3097 Document: 12 Page: 2 Filed: 06/19/2013
2 ROBERT DONALDSON v. MSPB
Security opposes. The Department of Homeland Security
moves unopposed for leave to intervene.
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 the
Board reaches the merits of the underlying case. Here, the
Board dismissed Mr. Donaldson’s petition for lack of juris-
diction. Thus, the Board is the proper respondent in this
petition for review.
Accordingly,
IT IS ORDERED THAT:
1) The motion to reform the caption with the Board
as respondent is granted.
2) The motion to intervene is granted. The revised
official caption is reflected above.
3) The motion to stay is denied. Mr. Donaldson’s
opening brief is due within 30 days of the filing of this
order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
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