Case: 13-3020 Document: 14 Page: 1 Filed: 01/31/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
RAKHMATULLA ASATOV,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2013-3020
__________________________
Petition for review of the Merit Systems Protection
Board in case no. PH1221120263-W-1.
__________________________
ON MOTION
__________________________
ORDER
The Department of the Army moves to reform the
caption to name the Merit Systems Protection Board as
respondent, and for a 21-day extension of time for the Board
to file its response brief.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-
nated 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
Case: 13-3020 Document: 14 Page: 2 Filed: 01/31/2013
RAKHMATULLA ASATOV V. MSPB 2
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. The respondent
should calculate its brief due date from the date of this
order.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s21