JOHNSON V STATE, No. 11-3170 (Fed. Cir. 2011)

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NOTE: This order is nonprecedential. mniteb ~tate5 Qtourt of ~eaI5 for tbe jfeberaI Qtircuit MICHAEL THOMAS JOHNSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, AND DEPARTMENT OF STATE, Intervenor. 2011-3170 Petition for review of the Merit Systems Protection Board in case no. DC0752110323-I-1. ON MOTION ORDER The Department of State moves without opposition to reform the official caption to designate the Merit Systems Protection Board as the respondent and to permit the Department of State to intervene, 2 JOHNSON v. MSPB 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 reaches the merits of the underlying case. We determine that the Board should be designated as the respondent. Accordingly, IT Is ORDERED THAT: The motion is granted. The revised official caption is reflected above. FOR THE COURT OCT 0"12011 Date cc: Michael Thomas Johnson John S. Groat, Esq. David Brooks, Esq. s20 /s/ Jan Horbaly Jan Horbaly Clerk FILED U.S. COIIRT OF APPEALS FOR THE FEDERAL CIRCUIT OCT 072011 JAN IIDRBAlY CLERK

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