ASATOV v. MSPB , No. 13-3160 (Fed. Cir. 2013)

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Case: 13-3160 Document: 11 Page: 1 Filed: 10/21/2013 NOTE: This order is nonprecedential.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 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 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 revised official caption is reflected above. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk s21

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