NOTE: This order is nonprecedentia|.

United States Court of Appea|s for the Federal Circuit 2010-3099 EUGENE SMlTH, Petitioner, v. MER|T SYSTEMS PROTECTlON BOARD, Respondent.

Petition for review of the Merit Systems Protection Board in case no. DC3443090556-l-1.

ON MOTl0N R D E R The Ofiice of Personne| Management moves without opposition to refom1 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.

According|y, lT lS ORDERED THAT: The motion is granted The revised official caption is reflected above FOR THE COURT HAY 1 3 2313 lsi Jan Horba|v Date fix Jan l-lorba|y 1 Clerk cc: Eugene Smith Antonia R. Soares, Esq.

Sara B. Rearden, Esq. u_s_ c0m;FHp-EAPPEALS FOR - THE FEnr:RAL cmcurT mr 13 2010 wausau CLERK 2010-3099 2