NOTE: This order is nonprecedential.

\Mniteb ~tate5 QCourt of ~peaI5 for tbe jfeberaI QCircuit LEONARD P. MACHULAS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

2012-3082

Petition for review of the Merit Systems Protection Board in case no. PH1221110241-W-1.

ON MOTION

ORDER The Department of the Air Force moves to recaption to name the Merit Systems Protection Board as 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. Here, the Board dismissed Mr. Machulas's appeal, "finding that MACHULAS v. MSPB 2

Mr. Machulas's whistleblowing claim was barred under the doctrine of collateral estoppel due to the prior IRA appeal.

Thus, the Board is the proper respondent in this petition for review.

Accordingly, IT Is ORDERED THAT: The motion is granted. The revised official caption is reflected above. The Board's response brief is due within days ofthe date of filing of this order.

FOR THE COURT

APR 1 62012 lsI Jan Horbaly Date Jan Horbaly Clerk cc: Leonard P. Machulas Matthew P. Roche, Esq.

Keisha Dawn Bell, Esq. (Petitoner's Informal Brief Enclosed) s21 FILED U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT APR 1 62012 JAN HORBAlY CLERK