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           NOTE: This order is nonprecedential.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 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
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 re-
 vised official caption is reflected above.


                                       FOR THE COURT


                                       /s/ Daniel E. O’Toole
                                           Daniel E. O’Toole
                                           Clerk
 s21
