Case: 13-3040    Document: 11     Page: 1    Filed: 04/24/2013




           NOTE: This order is nonprecedential.

   United States Court of Appeals
       for the Federal Circuit
                __________________________

                 PATRICIA W. DANIEL,
                      Petitioner,

                             v.
       MERIT SYSTEMS PROTECTION BOARD,
                  Respondent.
                __________________________

                        2013-3040
                __________________________

    Petition for review of the Merit Systems Protection
 Board in No. AT0752110374-I-2.
               __________________________

                      ON MOTION
                __________________________

                         ORDER

     The Department of the Army moves without opposi-
 tion to reform the official caption to designate the Merit
 Systems Protection Board (“Board”) as the respondent.

     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. In this
 case, the Board dismissed the appeal for lack of
Case: 13-3040      Document: 11      Page: 2   Filed: 04/24/2013




 PATRICIA DANIEL V. MSPB                                     2


 jurisdiction. Thus, the Board is the proper respondent in
 this petition for review.

       Upon consideration thereof,

       IT IS ORDERED THAT:

     (1) The Department of the Army’s motion to reform
 the caption is granted. The revised official caption is
 reflected above.

     (2) 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

 s21
