Corey Demond Stoglin v. Merit Systems Protection Board

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
COREY DEMOND STOGLIN,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3100
______________________
Petition for review of the Merit Systems Protection
Board in No. CH-3330-12-0390-I-2.
______________________
ON MOTION
______________________
O R D E R
The Department of Labor moves to reform the caption
to designate the Merit Systems Protection Board
(“Board”) as the respondent and for an 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
the Board reaches the merits of the underlying case.
Case: 14-3100 Document: 18 Page: 1 Filed: 11/05/2014

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STOGLIN v. MSPB 2
Here, the Board dismissed Corey Demond Stoglin’s peti-
tion as untimely. Thus, the Board is the proper respond-
ent in this petition for review.
Because Stoglin has not timely filed a brief as re-
quired by this court's September 11, 2014 order, his
petition is dismissed for failure to prosecute. Thus, the
motion for an extension of time is moot.
Accordingly,
I T I S O RDERED T HAT :
(1) The motions are granted to the extent that the
Board is substituted for the Department of Labor. The
revised official caption is reflected above.
(2) The petition is dismissed for failure to timely file
a brief.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s27
ISSUED AS A MANDATE: November 5, 2014
Case: 14-3100 Document: 18 Page: 2 Filed: 11/05/2014

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