Case: 12-3180 Document: 12 Page: 1 Filed: 10/11/2012

NOTE: This order is nonprecedential.

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LAWRENCE BROTHERS, Petitioner,

v. MERIT SYSTEMS PROTECTION BOARD, Respondent, AND

DEPARTMENTOFTHEARM~ Intervenor.

2012-3180

Petition for review of the Merit Systems Protection Board in case no. SF3151110724-I-1.

ON MOTION

ORDER

The Department of the Army (Army) moves without opposition to reform the caption to name the Merit Sys- tems Protection Board (Board) as the respondent and the Army as intervenor. Case: 12-3180 Document: 12 Page: 2 Filed: 10/11/2012

LAWRENCE BROTHERS v. ARMY 2

Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig- nated 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, IT Is ORDERED THAT:

The motions are granted. The revised official caption is reflected above. The Board and Army's briefs are due within 21 days from the date of issuance of this order.

FOR THE COURT

lsI Jan Horbaly Jan Horbaly Clerk s26