James B. Dowd, Petitioner, v. U.S. Department of Education, Respondent, 961 F.2d 963 (D.C. Cir. 1992)

ORDER

PER CURIAM

Upon consideration of the motion to dismiss and the opposition thereto, it is

ORDERED that the order to show cause filed January 30, 1992 be discharged. It is

FURTHER ORDERED that the motion to dismiss be granted. Review of the decision challenged by the petition for review lies in district court. See 20 U.S.C. § 1082(a) (2). Further, even if section 1082 did not apply to petitioner's challenge, this court would lack jurisdiction in the absence of an express grant of statutory authority. See Cutler v. Hayes, 818 F.2d 879, 887 n. 61 (D.C. Cir. 1987); In re School Bd., 475 F.2d 1117 (5th Cir. 1973).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.