Case: 13-3160 Document: 11 Page: 1 Filed: 10/21/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

RAKHMATULLA ASATOV, Petitioner,

v. MERIT SYSTEMS PROTECTION BOARD, Respondent. __________________________

2013-3160 __________________________

Petition for review of the Merit Systems Protection Board in No. PH1221130310-W-1. __________________________

ON MOTION __________________________

ORDER

The Agency for International Development (“AID”) moves to reform the official caption to name the Merit Systems Protection Board (“Board”) as the proper 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 Case: 13-3160 Document: 11 Page: 2 Filed: 10/21/2013

ASATOV V. MSPB 2

the Board reaches the merits of the underlying case. Here, the Board dismissed Asatov’s appeal for lack of jurisdiction. 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