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NOTE: This order is nonprecedential.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
