NOTE: This order is nonprecedential.

Wuiteb ~tate~ <!Court of §ppeal~ for tbe jfeberal <!Circuit JAMES L. BOUCHARD, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

2011-3125

Petition for review of the Merit Systems Protection Board in case no. AT1221100506-W-1.

ON MOTION

ORDER The Department of Veterans Affairs moves to reform the official caption to designate the Merit Systems Protec- tion Board as the respondent. James L. Bouchard op- poses.

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 BOUCHARD v. MSPB 2 determine that the Board should be designated as the respondent.

Accordingly, IT Is ORDERED THAT: The motion is granted. The revised official caption is reflected above.

FOR THE COURT

JUL 2? 2011 lsI Jan Horbaly Date Jan Horbaly Clerk cc: Beverly Bates, Esq. FILED Sarah A. Murray, Esq. '.s. COURT OF APPEALS FOR THE FEOERAl CIRCUIT Calvin Morrow, Esq.

JUL 27 2011 s20 JAN HORBALV CLERK