NOTE: This order is nonprecedential United States Court of AppeaIs for the Federal Circuit HERBERT E. GREGORY, Petiti0n,er, V. MERIT SYSTEMS PROTECTION BOARD, Respon,den,t.

2011-317s _ Petition for review of the Merit Systems Protection Board in case no. DC0731110018-I-1.

ON MOTION ORDER The General Services Administration moves to reform the official caption to designate the Merit Systems Protec- tion Board as the respondent, and for an extension of time fore the Board to file its brief Herbert E. Gregory op- poses the motion to reform the caption 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 GREGORY V. MSPB the Board reaches the merits of the underlying case. We determine that the Board should be designated as the respondent.

Accordingly, IT ls 0RDERED THAT: (l) The motions are granted The revised official cap- tion is reflected above. (2) The Board should calculate its brief due date from the date of this order.

FoR THE CoURT SEP 2 7 lsi Jan Horbaly " Date J an Horbaly cc: Herbert E. Gregory S DeVin A. Wolak, Esq.

Clerk lo Calvin Morrow, Esq. (Copy of Petitioner's Informal Brief Enclosed) FILEB s.s. count F ron ms FEo§RAlPd;§'éhlr SEP 2 7 2011 JAN HORBALY CLERK