NOTE: This order is nonprecedential d United States Cou1“c of AppeaIs for the Federal Circuit SUSAN G. ROY, Petiti0n,er, V. MERIT SYSTEMS PROTECTION BOARD, Respondent, AND DEPARTMENT OF JUSTICE, Intervenor. " 2011-3107 Petition for review of the Merit SyStemS Protection Board in case no. NY0752100199-I-1.

ON MOTION ORDER The Department of Justice moves without opposition to reform the official caption to designate the Merit Sys- temS Protection Board as the respondent and to permit the Department to intervene ‘\ ROY V. JUSTICE 2 Pursuant to 5 U.S.C. § 7703(a)(2), the Board 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 Board reaches the merits of the underlying case. We determine that the Board should be designated as the respondent and that the Depart1nent should be allowed to intervene According1y, lT lS ORDERED THATZ ' The motions are granted The revised official caption is reflected above.

FoR THE CoURT .ll*l U22D11 ~ ' /s/ J an Horbaly Date J an Horbaly Clerk cc: Thomas G. R.oth, Esq. l,;§P,EALS F0R M1chael P. Goodman, Esq. RAL C|RCUlT Calvin MorroW, Esq. JUN 2011 s20 § :» ss ms 'l'l l""l s§2 .|A|`l|'l0RBAL¥ CLEFI( /