Case: 13-3124 Document: 10 Page: 1 Filed: 08/20/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

RAKHMATULLA ASATOV, Petitioner,

v. MERIT SYSTEMS PROTECTION BOARD, Respondent. __________________________

2013-3124 __________________________

Petition for review of the Merit Systems Protection Board in No. PH4324130227-I-1. __________________________

ON MOTION __________________________

ORDER

The Department of the Army moves without opposition to reform the caption to name the Merit Systems Protection Board as 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, Case: 13-3124 Document: 10 Page: 2 Filed: 08/20/2013

RAKHMATULLA ASATOV V. MSPB 2

the Board dismissed Asatov’s appeal for failure to state a claim upon which relief can be granted. Thus, the Board is the proper respondent in this petition for review. Accordingly, IT IS ORDERED THAT:

The motion to reform the caption is granted. The re- vised official caption is reflected above.

FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk s21