NOTE: This order is nonprecedential.

Wntteb ~tate~ Qtourt of §ppeaI~ for tbe jfeberaI Qttrcutt CHESTER A. WILDER, JR., Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

2011-3105

Petition for review of the Merit Systems Protection Board in case no. AT315HlO0987-I-1.

ON MOTION

ORDER Chester A. Wilder, Jr. moves for leave to replace his informal brief received by the court on April 7, 2011 and submits the replacement informal brief.

The Department of the Navy moves to recaption to designate the Merit Systems Protection Board as respon- dent. Wilder does not oppose.

Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig- nated as the respondent when the Board's decision con- WILDER v. MSPB 2 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. Here, the Board dismissed Wilder's appeal for lack of jurisdic- tion.

Upon consideration thereof, IT IS ORDERED THAT: (1) The motions are granted. The replacement infor- mal brief is accepted for filing. The revised official cap- tion is reflected above. (2) The Board should calculate its brief due date from the date of filing of this order.

FOR THE COURT

JUl 152011 /s/ Jan Horbaly Date Jan Horbaly Clerk cc: Chester A. Wilder, Jr. Robert C. Bigler, Esq. FILED II.S. COURT OF APPEALS FOR Katherine M. Smith, Esq. THE FEDERAL CIRCUIT s21 JUL t 5 2011 JANHORBAlY CLERK