NOTE: This order is nonprecedentia1.

United States Court of Appeals for the Federal Circuit

ROLDOLFO R. RICKETTS, Petitioner, n

V.

MERIT SYSTEMS PROTECTION BOARD, Respondent.

2012-3109

Petition for Review of the Merit Systerns Protection Board in case no. NY0752110301-I-1.

ON MOTION

ORDER

The United States Posta1 Service moves to recaption 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 Ricketts’s petition for lack of jurisdiction.

RODOLFO RICKETTS V. MSPB 2

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

FoR THE CoURT

l 1 7 2012 /s/ Jan Horbaly Date J an Horbaly Clerk

cc: Rodolfo R. Ricketts Ryan M. Majerus, Esq. Sara Rearden, Esq.

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825 \=EnER/xccxacun AUG 1 7 2012 JAN HORBAL¥ CLERK