NOTE: This order is nonprecedential United States Court of Appeals for the FederaI Circuit KURT CHADWELL, Petition.er, V. MERIT SYSTEMS PROTECTION BOARD, Respon.der,t, AND OFFICE OF PERSONNEL MANAGEMENT, In,teruenor. ~ 2011-3174 Petition for review of the Merit Systems Pr0tecti0n Board in DA30()AO9068()-I-1. ON MOTION ORDER The Office of Personnel Management (OPM) moves without opposition to reform the caption to name the Merit Systerns Protection Board as respondent and OPM as intervenor.

CHADWELL V. MSPB 2 Pursuant to 5 U.S.C. § 7703(a)(2), the B0ard 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. According1y, IT ls ORDERED THAT: The motions are granted. The revised official caption is reflected above 4 FOR THE COURT SEP 1 4 2011 /s/ J an Horba1y Date J an Horbaly Clerk " FlLED cc: Kurt ChadWell B'SiI;)‘¢i{;%é)F§A‘?_P(§§‘?;'USn':0R Jeffrey Gauger, Esq. MattheW F. Scar1ato, Esq. SEP 1 4 2011 s 1 9 .IAN l'lDRBALY CLERK