NOTE: This order is nonprecedentia|.

United States Court of Appea|s for the Federa| Circuit 2010-3048 SUSAN |V|. BARELA, Petitioner, V. lVlER!T SYSTEN!S PROTECT|ON BOARD, Respondent.

Petition for review of the |Vlerit Systems Protection Board in case no. DC1221090641-W-1.

ON MOTlON R D E R The Depaitment of the Navy moves to reform the official caption to designate the iV|erit Systems Protection Board as the respondent The Department also moves for an extension of time untii 21 days from date of t"i|ing this order for the respondent to tile its brief.

F’ursuant 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 |n this case, the Board dismissed the appeal for lack of jurisdiction Thus, the Board is the proper respondent.

According|y, lT iS ORDERED Tl-lAT: (1) The motion is granted. The revised ofHcia| 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 l1AR 31 2019 151 Jan Horba1v` cc: s2O ”f5ateW jt Jan Horbaly C|erk Susan M_ Barela Karen Goff, Esq. lV|ichae| Carney, Esq. (copy of petitioners informal brief enclosed) U.S. C0UR'FBl|5El?PEALS FOR THE FEDERAL C|RCU|T l‘1AR 31 2010 .|AN HORBALY CLERK 2010-3048 2