RAKHMATULLA ASATOV v. MSPB , No. 13-3124 (Fed. Cir. 2013)

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Case: 13-3124 Document: 10 Page: 1 Filed: 08/20/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ RAKHMATULLA ASATOV, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. __________________________ 2013-3124 __________________________ Petition for review of the Merit Systems Protection Board in No. PH4324130227-I-1. __________________________ ON MOTION __________________________ ORDER The Department of the Army moves without opposition to reform the caption to name the Merit Systems Protection Board as 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 the Board reaches the merits of the underlying case. Here, Case: 13-3124 Document: 10 Page: 2 Filed: 08/20/2013 RAKHMATULLA ASATOV V. MSPB 2 the Board dismissed Asatov s appeal for failure to state a claim upon which relief can be granted. 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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