Case: 13-3088 Document: 13 Page: 1 Filed: 06/10/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JOHN-PIERRE BANEY,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2013-3088
______________________
Petition for review of the Merit Systems Protection
Board in No. DA4324120108-I-1.
______________________
ON MOTION
______________________
ORDER
The Department of Justice moves without opposition
(1) to reform the caption to designate the Merit Systems
Protection Board (“Board”) as the respondent and (2) for
an extension of time for the respondent to file its 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 the
Board reaches the merits of the underlying case. Here, the
Case: 13-3088 Document: 13 Page: 2 Filed: 06/10/2013
2 JOHN-PIERRE BANEY v. MSPB
Board dismissed John-Pierre Baney’s petition 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 motion for an extension of time is granted.
The respondent’s brief is due within 21 days of the date of
filing of this order.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s25
