NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-3083 MICHELE KELLER, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

Petition for review of the Merit Systems Protection Board in CH3443080506-I-1.

ON MOTION ORDER The Department of Justice moves without opposition to reform the caption to name the Merit Systems Protection Board as 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 employing agency is designated as the respondent when the Board reaches the merits of the underlying case.

Accordingly, IT IS ORDERED THAT: The motion is granted. The revised official caption is reflected above.

FOR THE COURT

MAR 0 6 2009 /s/ Jan Horbaly Date Jan Horbaly M ED Clerk u.s. COURT oF APPEALS FOR THE FEDERAL CIRCUIT

cc: Allison Kidd-Miller, Esq. MAR 0 6 2009 Martin S. Hume, Esq.

Sara B. Rearden, Esq. CLERK s19

2009-3083 2