NOTE: This order is nonprecedential.

United States Court of Appeals for the FederaI Ci1'cuit JAMES H. TARR, Petiti0ner, V. MERIT SYSTEMS PROTECTION BOARD, Respondent. .

2011-3203 _ Petition for review of the Merit Systems Protection Board in case no. DE315H090407-B-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 and for an extension of time for the Board to file its brief.

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 TARR V. MSPB 2 determine that the Board should be designated as the respondent.

Accordingly, IT ls ORDERED THAT: (1) The motions are granted The revised official cap- tion is reflected above. (2) The Board’s brief is due within 21 days of the date of filing of this order.

FoR THE CoURT 4 /s/ Jan Ho1'baly Date J an Horbaly Clerk cc: J ames A. Ta1‘r Russell J. Upton, Esq. ` David S. Brooks, Esq. (Copy of Petitioner's Informal Brief Enclosed) s20 FlLED u.s.c0um F r.sFOR me FEn1i1RAiPrfr§i:un NOV 04 2011 JAN HDRBALY CLERK