Young v. SEC, No. 16-1149 (D.C. Cir. 2020)Annotate this Case
Petitioner, found liable for multiple securities fraud violations, petitioned for review in the District of Columbia Court of Appeals, which is the wrong court. By the time petitioner realized his mistake and filed the petition in the DC Circuit, the 60 day deadline for filing had passed.
The DC Circuit did not pass upon whether the statutory time limit to file a petition for review is jurisdictional and subject to equitable tolling. Instead, the court held that, even assuming it is a non-mandatory claims processing rule, petitioner has failed to demonstrate entitlement to equitable tolling. The court stated that filing a petition for review in a state court that clearly lacks jurisdiction over the petition does not toll the deadline for filing in the DC Circuit court. Furthermore, no extraordinary circumstance beyond petitioner's control prevented him from timely filing in this court and thus he is not entitled to equitable tolling. The court dismissed the petition.