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NOTE: This order is nonprecedential.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 s21