Case: 13-3179 Document: 9 Page: 1 Filed: 11/07/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

RONNEY L. WHITE, Petitioner,

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________

2013-3179 ______________________

Petition for review of the Merit Systems Protection Board in No. AT0752130542-I-1. ______________________

ON MOTION ______________________

ORDER The United States Postal Service (“USPS”) 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 the Board reaches the merits of the underlying case. Here, the Case: 13-3179 Document: 9 Page: 2 Filed: 11/07/2013

2 WHITE V. MSPB

Board dismissed White’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 revised official caption is reflected above. FOR THE COURT

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

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