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           NOTE: This order is nonprecedential.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

                                       FOR THE COURT


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