Opinion
2012-3178
10-04-2012
DAVID R. MASON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, AND DEPARTMENT OF HOMELAND SECURITY, Intervenor.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. AT1221090728-B-1.
ON MOTION
ORDER
The Department of Homeland Security (DHS) moves to reform the caption to name the Merit Systems Protection Board as the respondent, for leave to intervene, and for an extension of time for the Board and DHS to file their response briefs.
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 jurisdiction. 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's and DHS' responsive briefs are due within 21 days of the date of filing of this order.
FOR THE COURT
___________
Jan Horbaly
Clerk
cc: David R. Mason
Antonia Ramos Soares, Esq.
Calvin Morrow, Esq.
s21