NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

REGINALD HILL, Petitioner,

V.

MERIT SYSTEMS PROTECTION BOARD Respondent.

2012-3093

Petition for Review of the Merit Systems Protection Board in case no. AT1221110409-W-1.

ON MOTION

ORDER

The Department of Veterans Affairs moves to recap- tion to designate the Merit Systems Protection Board (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. Here, the Board dismissed Hi]l’s petition for lack of jurisdiction

HILL v. MSPB 2

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 responsive brief is due within 21 days of the date of filing of this order.

FoR THE CoURT

2 2 /s/ Jan Horbaly Date J an Horbaly Clerk

ccc Reginald Hill

Armando Rodriguez-Feo, Esq.

Calvin Morrow, Esq. (inf`ormal brief enclosed) 525 `

u.s. counff)lf§\i:»,v£¢\is son THF=»""“v_Lc:ncurr

HAY 2 2 2012

JAN HURBAI.Y Cl.EHK