NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit VVILLIAM A. HIMCHAK, III, Petitioner, - V. MERIT SYSTEMS PROTECTION BOARD, Respondemf.

2011-3102 _ Petition for review of the Merit Systems Protection Board in case no. DC1221100311-W-1.

ON MOTION ORDER The Department of the Navy moves without opposi~ ti0n to reform the official caption to designate the Merit Systems Protecti0n Board as the respondent 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 HIMCHAK V. MSPB 2 determine that the Board should be designated as the respondent.

Accordingly, IT ls ORDERED THAT: (1) The motion is granted. The revised official cap- tion is reflected above. (2) Wil1iam A. Himchak’s brief is accepted The Board’s brief is due within 21 days of the date of filing of this order. - FoR THE CoURT am 1 5 /s/ Jan Horbaly Date J an Horba1y Clerk . cc: William A. Himchak, III ` Renee Gerber, Esq.

Michael Carney, Esq. (Copy of Petitioner's lnformal ` 1 Br1ef Enc osed) tm wu R1EyEEPpEAtS F0R ms FEnERA1. crRculT JUN 15 2011 .IAN HORBALY CLERK