NOTE: This order is nonprecedentia1.

United States Court of Appeals for the Federal Circuit

SMITA A. PATEL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, AND UN`ITED STATES POSTAL SERVICE,

Interuenor. "

2012-3113

Petition for review of the Merit Systems Protection B0ard in case no. CH0353110410-I-1.

ON MOTION

ORDER

The United States Postal Service (USPS) moves without opposition to reform the caption to name the Merit Systems Protection Board as the respondent and for leave to intervene.

SMITA PATEL V. MSPB 2

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

Accordingly, I'r Is ORI)ERED THAT:

The motion to reform the official caption and to inter- vene is granted. The revised official caption is reflected above. The Board and the USPS should calculate the due date for their response briefs from the date of filing of this order.

FoR THE CoURT

J“N 2 1 /s/ Jan Horbaly Date J an Horbaly Clerk

cc: Smita A. Pate1

Joseph A. Pixley, Esq.

Ca1vin Morrow, Esq. LED s1 e,e".=':§§.zi"§.eb'-=r:°“

JUN 2 1 2012 JANHURBALY CLE¥K