NOTE: This order is nonprecedential.

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REGINALD L. SYDNOR, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

2011-3128

Petition for review of the Merit Systems Protection Board in case no. CB7521100003-T-1.

ON MOTION

ORDER The Social Security Administration moves without opposition to reform the official caption to designate the Merit Systems Protection Board as the respondent. 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 SYDNOR 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 29 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk

cc: Reginald L. Sydnor James R. Sweet, Esq. u.s. coUJ~~~I'EALS FOR THE FEDERAL CIRCUIT Jeff Gaugher, Esq. JUl 29 2011 s20 JANHORBALY CLERK