Mason v. Merit Systems Protection Board ( 2012 )


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  • Case: 12-3178     Document: 13    Page: 1   Filed: 10/04/2012
    NOTE:   This order is nonprecedential.
    Wntteb ~tate~ (!Court of §ppeaI~
    for tbe jfeberaI QCtrcutt
    DAVID R. MASON,
    Petitioner,
    v.
    MERIT SYSTEMS PROTECTION BOARD,
    Respondent,
    AND
    DEPARTMENT OF HOMELAND SECURITY,
    Intervenor.
    2012-3178
    Petition for review of the Merit Systems Protection
    Board in case no. AT1221090728-B-1.
    ON MOTION
    ORDER
    The Department of Homeland Security (DHS) moves to
    reform the caption to name the Merit Systems Protection
    Board as the respondent, for leave to intervene, and for an
    extension of time for the Board and DHS to file their
    response briefs.
    Case: 12-3178        Document: 13   Page: 2   Filed: 10/04/2012
    DAVID MASON V. MSPB                                        2
    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
    jurisdiction. 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's and DHS' responsive
    briefs are due within 21 days of the date of filing of this
    order.
    FOR THE COURT
    OCT 04 2012                        /s/ Jan Horbaly
    Date                        Jan Horbaly
    Clerk
    cc: David R. Mason
    Antonia Ramos Soares, Esq.
    Calvin Morrow, Esq.
    s21
    

Document Info

Docket Number: 2012-3178

Filed Date: 10/4/2012

Precedential Status: Non-Precedential

Modified Date: 10/30/2014