NOTE: This order is nonprecedential United States Court of Appeals for the Federal Circuit THOMAS M. ROYSTON, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Respondent.

2012-3095 Petition for review of the Merit Systems Proteotion Board in case no. DC315H110613-I-1.

ON MOTION ORDER The Department of Defense moves to recaption to name the Merit Systems Protection Board as respondent.

Pursuant to 5 U.S.C. § 7703(¢1)(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 Royston’s appeal for lack of jurisdic- ROYSTON V. MSPB 2 tion. Thus, the Board is the proper respondent in this petition for revieW.

Accordingly, IT ls ORDERED THAT: The motion is granted The revised official caption is reflected above. The Board should calculate its brief due date from the date of filing of this order.

FoR THE CoURT JUN 1 3 mm /S/ Jan H@rbaiy Date J an Horbaly Clerk cc: Thomas M. Royston ~ Michael D. Austin, Esq.

J ames M. Eisenmann, Esq.

321 FlLEo EALSFOR "‘°`“r‘»’¢'é‘¥=*§l>§’§,~i.""¢':’.ncun JUN '| 5 2012 JANHURBALY CLERK