GHANNAM V. MSPB , No. 13-3050 (Fed. Cir. 2013)

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Case: 13-3050 Document: 13 Page: 1 Filed: 03/07/2013 CORRECTED ORDER ISSUED: March 7, 2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ WENDY W. GHANNAM, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________ 2013-3050 ______________________ Petition for review from the Merit Systems Protection Board in case no. DC0841120179-I-1. ______________________ ON MOTION ______________________ ORDER The Office of Personnel Management moves to recaption to designate the Merit Systems Protection Board ( Board ) as the respondent. 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 the Case: 13-3050 Document: 13 2 Page: 2 Filed: 03/07/2013 WENDY GHANNAM v. MSPB Board reaches the merits of the underlying case. Here, the Board dismissed Wendy Ghannam s petition for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review. Accordingly, IT IS ORDERED THAT: The motion is granted. The revised official caption is reflected above. The respondent should calculate its brief due date from the date of filing of this order. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s25