Vester E. Shultz, Petitioner, v. National Transportation Safety Board and Barry Lambertharris, Acting Administrator, Federal Aviationadministration, Respondents, 986 F.2d 546 (D.C. Cir. 1993)

This petition for review was considered on the record from the National Transportation Safety Board, Federal Aviation Administration, and on the briefs filed by the parties. The court has determined that the issues presented occasion no need for an opinion. See D.C. Cir. Rule 14(c). It is

ORDERED AND ADJUDGED that the petition for review be denied. The National Transportation Safety Board's ("Board") dismissal of petitioner's appeal from the order of the Administrative Law Judge ("ALJ") was not arbitrary or capricious. See Chritton v. National Transportation Safety Board, 888 F.2d 854, 856 (D.C. Cir. 1989). Shultz was required to perfect his appeal by filing and serving a brief within thirty days of the date of service of the ALJ's order. See 49 C.F.R. § 821.48(a). The date of service of the ALJ's order is the date stamped on the certificate of service. See id. at § 821.8(h). The ALJ's order was served August 26, 1991; Shultz did not deliver his brief to prison officials until September 27, i.e., thirty-two days after the order was served. Cf. Houston v. Lack, 487 U.S. 266, 270 (1987). His administrative appeal therefore was properly dismissed by the Board as untimely.

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.