NOTE: This order is nonprecedential.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,
JOHNSON v. MSPB 2
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. 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 /s/ Jan Horbaly
Date Jan Horbaly
Clerk
cc: Michael Thomas Johnson
John S. Groat, Esq.
David Brooks, Esq. FILED
U.S. COIIRT OF APPEALS FOR
THE FEDERAL CIRCUIT
s20
OCT 072011
JAN IIDRBAlY
CLERK