Case: 13-3056    Document: 12     Page: 1   Filed: 04/10/2013




           NOTE: This order is nonprecedential.

   United States Court of Appeals
       for the Federal Circuit
                __________________________

                  AMY J. MITCHELL,
                      Petitioner,

                             v.
      MERIT SYSTEMS PROTECTION BOARD,
                 Respondent.
                __________________________

                        2013-3056
                __________________________

    Petition for review of the Merit Systems Protection
 Board in case no. DA0752110601-I-1.
                __________________________

                      ON MOTION
                __________________________

                        ORDER

     The Department of Justice moves without opposition
 to reform the caption to name the Merit Systems Protec-
 tion Board (Board) as the respondent. Amy J. Mitchell
 moves without opposition to modify the briefing schedule.

     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. In this
Case: 13-3056         Document: 12   Page: 2   Filed: 04/10/2013




 AMY MITCHELL v. MSPB                                        2

 case, the Board dismissed the appeal for lack of jurisdic-
 tion. Thus, the Board is the proper respondent in this
 petition for review.
       Accordingly,
       IT IS ORDERED THAT:

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

    (2) Mitchell’s motion to set the briefing schedule is
 granted. Her opening brief is due April 15, 2013.

                                       FOR THE COURT


                                       /s/ Jan Horbaly
                                       Jan Horbaly
                                       Clerk
 s26
