DENISE ROBINSON v. MSPB , No. 14-3176 (Fed. Cir. 2014)

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The court issued a subsequent related opinion or order on November 10, 2014.
The court issued a subsequent related opinion or order on January 13, 2015.

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Case: 14-3176 Document: 10 Page: 1 Filed: 09/30/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ DENISE L. ROBINSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2014-3176 ______________________ Petition for review of the Merit Systems Protection Board in No. DC-0752-0580-I-1. ______________________ ON MOTION ______________________ ORDER The Department of the Interior moves without opposition to reform the caption to designate the Merit Systems Protection Board ( Board ) as the respondent and for an extension of time for the Board to file its response brief. Pursuant to 5 U.S.C. ยง 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: 14-3176 Document: 10 2 Page: 2 Filed: 09/30/2014 DENISE ROBINSON v. MSPB the Board reaches the merits of the underlying case. Here, the Board dismissed Denise L. Robinson s petition for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted. The revised official caption is reflected above. (2) The Board s brief is due within 21 days of the date of filing of this order. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s27

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