SUMPTER V. MSPB , No. 13-3062 (Fed. Cir. 2013)

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Case: 13-3062 Document: 9 Page: 1 Filed: 03/21/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ ALRAY SUMPTER, SR., Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. __________________________ 2013-3062 __________________________ Petition for review of the Merit Systems Protection Board in case no. AT0752120711-I-1. __________________________ ON MOTION __________________________ ORDER The Department of the Treasury moves to recaption to name the Merit Systems Protection Board as respondent, and for a 21-day extension of time for the Board to file its response brief. 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. The employing agency is designated as the respondent when Case: 13-3062 Document: 9 Page: 2 Filed: 03/21/2013 ALRAY SUMPTER, SR. V. MSPB 2 the Board reaches the merits of the underlying case. Here, the Board dismissed Sumpter s 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 should calculate its brief due date from the date of filing of this order. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s21

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