Gladden v. U.S. Department of Transportation

Ninth Circuit

Gladden v. U.S. Department of Transportation

649 F. App'x 371

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 19, 2016

Docket13-74171

StatusUnpublished

This text of 649 F. App'x 371 (Gladden v. U.S. Department of Transportation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gladden v. U.S. Department of Transportation, 649 F. App'x 371 (9th Cir. 2016).

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Opinion

MEMORANDUM **

David Gary Gladden petitions pro se for review of an order of the Federal Aviation Administration (“FAA”) withdrawing his Authorization for Special Issuance of a second-class airman medical certificate. We have jurisdiction under 49 U.S.C. § 46110(a) to review a petition of a FAA order filed no later than 60 days after issuance of the order. We dismiss Gladden’s petition as untimely. Gladden filed this petition for review on December 2, 2013, more than 60 days after issuance of the FAA’s March 13, 2013 order. Although the court may allow a late petition if there are reasonable grounds for not filing within 60 days, see 49 U.S.C. § 46110(a), Gladden has not presented any reasonable explanation for his untimely petition, see Americopters, LLC v. Fed. Aviation Admin., 441 F.3d 726, 734 (9th Cir.2006) (explaining circumstances that do not constitute reasonable grounds, including “when the petitioner’s procedural missteps were based on a misapprehension of the law” (internal citations omitted)); Sierra Club v. Skinner, 885 F.2d 591, 593 (9th Cir.1989) (concluding that there were no reasonable grounds even when “the FAA *372 ha[d] created a confusing situation” leading the petitioner to file an untimely petition).

To the extent Gladden seeks review of other FAA decisions, including the FAA’s denial of an unrestricted medical certificate, we lack jurisdiction to review those issues because Gladden has not exhausted his administrative remedies. See 49 U.S.C. § 44703(d)(1) (2012) (“An individual whose application for the issuance or renewal of an airman certificate has been denied may appeal the denial to the National Transportation Safety Board.”).

Respondents’ unopposed motion for judicial notice, filed on March 28, 2014, is granted.

Gladden’s petition is DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM **

David Gary Gladden petitions pro se for review of an order of the Federal Aviation Administration (“FAA”) withdrawing his Authorization for Special Issuance of a second-class airman medical certificate. We have jurisdiction under 49 U.S.C. § 46110(a) to review a petition of a FAA order filed no later than 60 days after issuance of the order. We dismiss Gladden’s petition as untimely. Gladden filed this petition for review on December 2, 2013, more than 60 days after issuance of the FAA’s March 13, 2013 order. Although the court may allow a late petition if there are reasonable grounds for not filing within 60 days, see 49 U.S.C. § 46110(a), Gladden has not presented any reasonable explanation for his untimely petition, see Americopters, LLC v. Fed. Aviation Admin., 441 F.3d 726, 734 (9th Cir.2006) (explaining circumstances that do not constitute reasonable grounds, including “when the petitioner’s procedural missteps were based on a misapprehension of the law” (internal citations omitted)); Sierra Club v. Skinner, 885 F.2d 591, 593 (9th Cir.1989) (concluding that there were no reasonable grounds even when “the FAA *372 ha[d] created a confusing situation” leading the petitioner to file an untimely petition).

To the extent Gladden seeks review of other FAA decisions, including the FAA’s denial of an unrestricted medical certificate, we lack jurisdiction to review those issues because Gladden has not exhausted his administrative remedies. See 49 U.S.C. § 44703(d)(1) (2012) (“An individual whose application for the issuance or renewal of an airman certificate has been denied may appeal the denial to the National Transportation Safety Board.”).

Respondents’ unopposed motion for judicial notice, filed on March 28, 2014, is granted.

Gladden’s petition is DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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649 F. App'x 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gladden-v-us-department-of-transportation-ca9-2016.

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