ASATOV V. MSPB , No. 13-3020 (Fed. Cir. 2013)

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Case: 13-3020 Document: 14 Page: 1 Filed: 01/31/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ RAKHMATULLA ASATOV, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. __________________________ 2013-3020 __________________________ Petition for review of the Merit Systems Protection Board in case no. PH1221120263-W-1. __________________________ ON MOTION __________________________ ORDER The Department of the Army moves to reform the caption to name the Merit Systems Protection Board as respondent, and for a 21-day extension of time for the Board to file its response brief. Pursuant to 5 U.S.C. § 7703(a)(2), the Board is designated as the respondent when the Board's decision concerns the procedure or jurisdiction of the Board. The employing agency is designated as the respondent when the Board Case: 13-3020 Document: 14 Page: 2 Filed: 01/31/2013 RAKHMATULLA ASATOV V. MSPB 2 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 revised official caption is reflected above. The respondent should calculate its brief due date from the date of this order. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s21

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