’ NOTE: This order is nonprecedentia|. United States Court of Appeals for the Federa| Circuit 2009-3277 DANNY R. DAV|DSON, ` Petiti0ner, V. usair sYsrsi\/is PRorscTioN soARo, Respondent. Petition for review of the Merit 83/stems Protection Board in DC0831090474-|-1. ON MOTiON 0 R D E R The Oft`ice of Personne| Management moves without opposition to reform the official caption to designate the Merit Systems Protection 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. The deciding agency is designated as the respondent when the Board reaches the merits of the underlying case. in this case, the Board dismissed the appeal for lack of jurisdiction Thus, the Board is the proper respondent in this petition for review. According|y, |T iS ORDERED THAT: The motion is granted

NOV 1 2 2009 CC s20 FOR THE COURT /s/ Jan Horba|\g Date Jan Horba|y Danny R. Davidson Antonia R. Soares, Esq. Joyce Friedman, Esq. 2009-3277 C|erk FILE

NUV 1 2 2009 JAN HORBALY CLERK