NOTE: This order is nonprecedentia|.

United States Court of Appea|s for the Federa| Circuit 2010-3063 ORViLLE W. J. LAYTON, Petitioner, v. |ViER|T SYSTE|V|S PROTECT|ON BOARD, Respondent, and DEPARTIV|ENT OF THE ARN|Y, intervenor.

Petition for review of the Merit Systems Protection Board in case no. DC0752080226-l-1.

ON MOT|ON R D E R The Department of the Army moves without opposition to reform the caption to name the Merit Systems Protection Board as respondent and the Departrnent as intervenor Orvi||e W. J. Layton moves for "access to origina! MSPB record." 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 To the extent that Layton is requesting access to the Board record, any such request must be directed to the Board, which retains the record pending disposition of this petition. Fed. Cir. R. 17(a); Guide for Pro Se Petitioners and Appellants, paragraph ‘11.

According!y, lT |S ORDERED TI-lAT: (1) The Department's motion is granted The revised official caption is reflected above. ‘ (2) Layton's motion is denied (3) The Board’s and Departrnent's briefs are due within 21 days of the date of filing of this order.

FOR THE COURT _E _ls/ Jan Horbaly______ g_ Date Jan l-lorbaly Cierk cc: Orville W. J. Layton Joseph A. Pix|ey, Esq.

Sara B_ Rearden, Esq. (copy of petitioner's informal brief enclosed) s19 l-'lLED U.S. COURT OF APPEALS FOR THE FEDERAL CiRCUlT APR 01 2010 JAN HORBALY C¥.ERi& 2010-3063 2