Case: 13-3147 Document: 17 Page: 1 Filed: 09/20/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

BLANCA A. RUIZ, Petitioner,

v. MERIT SYSTEMS PROTECTION BOARD, Respondent,

AND

UNITED STATES POSTAL SERVICE, Intervenor. __________________________

2013-3147 __________________________

Petition for review of the Merit Systems Protection Board in No. DA0353110628-B-1. __________________________

ON MOTION __________________________

ORDER

The United States Postal Service (USPS) moves to reform the caption to name the Merit Systems Protection Board (Board) as respondent and USPS as intervenor. Blanca A. Ruiz opposes. Case: 13-3147 Document: 17 Page: 2 Filed: 09/20/2013

RUIZ V. MSPB 2

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 this 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.

FOR THE COURT

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