NOTE: This order is nonprecedentia1.

United States Court of Appea[s for the Federal Circuit GARY W. SMITH, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Respondent.

2012-3135 Petition for review of the Merit Systems Protection Board in case no. AT0831 120034-1-1.

ON MOTION ORDER The Office of Personnel Management (OPM) moves without opposition to reform the caption to name the Merit Systems Protection Board as the respondent.

Pursuant to 5 U.S.C. § 7703(a)(2), the Board is designated as the respondent when the Board's decision concerns the procedure or jurisdiction of the Board. In this case, the Board dismissed the appeal for lack of GARY SMITH V. MSPB 2 jurisdiction Thus, the Board is the proper respondent in this petition for review.

Accordingly, IT IS ORDERED THATZ The motion to reform the official caption 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. a FoR THE CoURT /s/ J an Horbaly Date J an Horbaly Clerk cc: Gary W. Smith Joseph E. Ashman, Esq.

Lindsey Schreckengost, Esq.

821 wm "»,ai'z'§§ftiis..i.=.,n JUN 20 2012 JAN HOHBALY CI.EHK