LaRonda Phox v. Secretary, Department of Labor, No. 22-2364 (8th Cir. 2023)

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Court Description: [Per Curiam - Before Gruender, Melloy, and Stras, Circuit Judges] Petition for Review - Department of Labor Administrative Review Board. Petition challenging the Board's final order dismissing a petition for review as untimely is denied.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-2364 ___________________________ LaRonda Phox Petitioner v. Secretary, Department of Labor Respondent The Savoy at 21C Intervenor ____________ Petition for Review of an Order of the Department of Labor (except OSHA) ____________ Submitted: February 7, 2023 Filed: February 10, 2023 [Unpublished] ____________ Before GRUENDER, MELLOY, and STRAS, Circuit Judges. ____________ PER CURIAM. LaRonda Phox petitions for review following a final order of the United States Department of Labor Administrative Review Board dismissing as untimely her petition for administrative review. After careful review, we find no basis for relief. See 21 U.S.C. ยง 399d(b)(5)(A) (judicial review of administrative decision on complaint under FDA Food Safety Modernization Act shall conform to Administrative Procedure Act). Accordingly, we deny the petition. See 8th Cir. R. 47B. ______________________________ -2-

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