IVEY v. F. L. R. A.

Full title: Steven Ivey, Petitioner v. Federal Labor Relations Authority, Respondent

Court: United States Court of Appeals, District of Columbia Circuit

Date published: Aug 27, 2009

No. 09-1196 (D.C. Cir. Aug. 27, 2009)

Opinion

No. 09-1196.

Filed On: August 27, 2009.

BEFORE: Garland, Brown, and Griffith, Circuit Judges.

Per Curiam.

ORDER

Upon consideration of the motion for leave to file a petition for review out of time; the motion for leave to proceed in forma pauperis; and the motion for a waiver of fees, it is

ORDERED that the motions for leave to proceed in forma pauperis and for a waiver of fees be granted. It is

FURTHER ORDERED that the motion for leave to file a petition for review out of time be denied. This court lacks jurisdiction to review Federal Labor Relations Authority orders when the petition for review is filed after the sixty-day deadline in the statute has passed. See American Federation of Government Employees, AFL-CIO v. Federal Labor Relations Authority, 802 F.2d 47, 47 (2d Cir. 1986);see also Stone v. INS, 514 U.S. 386, 405 (1995) ("Judicial review provisions . . . are jurisdictional in nature and must be construed with strict fidelity to their terms.")

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc.See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.