Deary v. Mitrano

Opinion

[NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit

No. 99-1375

ARNOLD N. DEARY,

Plaintiff, Appellant,

v.

CATHERINE C. MITRANO,

Defendant, Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Reginald C. Lindsay, U.S. District Judge]

Before

Torruella, Chief Judge, Stahl and Lipez, Circuit Judges.

Arnold N. Deary on brief pro se. Donald K. Stern, United States Attorney, and J. Mitch MacDonald, Special Assistant U.S. Attorney, on brief for appellee.

December 9, 1999

Per Curiam. After carefully considering the briefs and record on appeal, we affirm the judgment below. The appellee is absolutely immune from suit for claims arising from her role in prosecuting the administrative action. Butz v. Economou, 438 U.S. 478, 516-517 (1978); Wang v. New Hampshire Board of Registration in Medicine, 55 F.3d 698, 701 (1st Cir. 1995). The district court did not have subject matter jurisdiction to review an order of the Federal Aviation Administration. 49 U.S.C. 46110. Review may only be obtained by filing a petition for review in this court within sixty days of the order, unless reasonable grounds are given for delay. 49 U.S.C. 46110(a). Affirmed. Loc.R. 27.1.