Case: 14-3080 Document: 10 Page: 1 Filed: 05/01/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

RONALD NEAL BATDORF, Petitioner,

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent. ______________________

2014-3080 ______________________

Petition for review of the Merit Systems Protection Board in No. DC-0752-11-0461-I-1. ______________________

ON MOTION ______________________

ORDER The Department of Defense moves without opposition 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: 14-3080 Document: 10 Page: 2 Filed: 05/01/2014

2 BATDORF v. MSPB

Board dismissed Ronald Neal Batdorf’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. The Board should calculate the due date for its response brief from the date of filing of this order. FOR THE COURT

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

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