JOHN-PIERRE BANEY v. MSPB , No. 13-3088 (Fed. Cir. 2013)

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Case: 13-3088 Document: 13 Page: 1 Filed: 06/10/2013 NOTE: This order is nonprecedential.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 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 the Board reaches the merits of the underlying case. Here, the Case: 13-3088 Document: 13 2 Page: 2 Filed: 06/10/2013 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

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