' NOTE: This order is nonprecedential. United States Court of Appea|s for the Federa| Circuit 2009-3228 JOHN-P|ERRE BANE¥, 4 Petitioner, V. lVlER|T SYSTEMS PROTECT|ON BOARD, Respondent. Petition for review of the Merit Systems Protection Board in DA1221090164-W-1. ON MOTlON 0 R D E R The Department of Justice moves to reform the official caption to designate the ll/lent 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 solely the procedure or jurisdiction of the B0ard. The employing agency is designated as the respondent when the B0ard reaches the merits of the underlying case. Upon consideration thereof |T lS ORDERED THAT: (1) The motion to reform the official caption is granted. The revised official caption is reflected above (2) The B0ard should calculate its brief due date from the date of filing of this order.