NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit FRED L. FREDRICK-BEY, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Respondent.

2012-3165 Petition for Review of the Merit Systems Protection Board in case no. DC0752110799-I-1.

ON MOTION ORDER The United States Department of Defense 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 Fredrick-Bey’s petition for lack of jurisdic- FRED FREDRICK-BEY V. MSPB 2 tion. 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 should calculate its brief due date from the date of this order.

FoR THE CoURT

2 3 /s/ Jan Horbal Date J an Horbaly Clerk cc: Douglas G. Edelschick, Esq.

Calvin MorroW, Esq.

Fred L. Fredrick-Bey 03 $25 AUG 23 ZU1Z JAN HORBALY CI.ERK