NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

2008-3277

KATRINA V. TATE,

Petitioner,

v.

MERIT SYSTEMS PROTECTION BOARD,

Respondent.

Petition for review of the Merit Systems Protection Board in

CH0752080246-I-1.

ON MOTION Before LOURIE, Circuit Judge.

ORDER

Katrina V. Tate moves to vacate the court's December 16, 2008 order reforming the caption to name the Merit Systems Protection Board as the respondent.

Tate states that the order violates her rights to appeal the Board's final decision. However, the identity of the agency which is named respondent in a case before this court does not affect Tate's review rights. The briefing is completed in Tate's case and it will be assigned to a calendar in the usual course.

Upon consideration thereof,

IT IS ORDERED THAT:

The motion is denied.

FOR THE COURT

FEB 2 2009

/s/ Jan Horbaly

Date Jan Horbaly FILED

U.S. COURT OF APPEALS FOR

Clerk THE FEDERAL CIRCUIT cc: Katrina V. Tate

Joyce G. Friedman, Esq. FEB 0 2 2009

Richard P. Schroeder, Esq. 517 Ali ROHL-6

CLERK