NOTE: This order is nonprecedential. fltlniteh étatea QEnurt of Meals for the erheral QEimlit NATHANIEL COOPER, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Respondent. 7 2011-3240 Petition for review of the Merit Systems Protection Board in case no. D01221110320-W-1.

ON MOTION ORDER The Department of the Army moves to reform the offi- cial caption to designate the Merit Systems Protection Board as the respondent.

Pursuant to 5 U.S.C. § 7 703(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 COOPER V. MSPB 2 determine that the Board should be designated as the respondent.

Accordingly, IT Is ORDERED THAT: (1) The motion is granted. 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 DEC 0 g 20“ ls/ Jan Horbaly Date Jan Horbaly ' ' Clerk cc: Nathaniel Cooper Matthew F. Scarlato, Esq.

Lindsey Schreckengost, Esq. (Copy of Petitioner's In- formal Brief Enclosed)

FILED as. com OF APPEALS FOR THE FEDERAL cmcun DEC 09 2011 JAN HDR-BALY CLERK