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          NOTE: This order is nonprecedential.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 desig-
nated as the respondent when the Board's decision con-
cerns 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 jurisdic-
tion. 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
