NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit TARIKU H. KEIRA, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Responden,t.

2010-3082 Petition for review of the Merit Systems Protection B0ard in AT3443090686-I-1.

ON MOTION ORDER Office of Personne1 Management moves without opposition to reform the caption to name the Merit Systen1s Protection Board as respondent Pursuant to 5 U.S.C. § 7703(a)(2), the B0ard 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 B0ard reaches the merits of the underlying case.

KEIRA V. OPM 2 Accordingly, lT lS ORDERED THAT2 (1) The motion is granted The revised official caption is reflected above. (2) The Board’s brief is due within 21 days of the date of filing of this order.

FOR THE COURT 8 fs/ Jan Horbaly Date J an Horbaly Clerk cc: Tariku H. Keira Michael D. Austin, Esq.

Chad Bungard, Esq. (Copy of Petitioner’s Informal Brief Enclosed) s19 MAY 28 2010 .|AN HORBALY CLERK