William Ferrell v. Secretary, U.S. Department of the Interior

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 12, 2024
• Docket: 23-14029
• Status: Unpublished

Opinion

USCA11 Case: 23-14029 Document: 4-1 Date Filed: 01/12/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-14029 Non-Argument Calendar ____________________

WILLIAM FERRELL, Petitioner, versus SECRETARY, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE INTERIOR,

Respondents.

Petition for Review of a Decision of the Department of the Interior Agency No. DOI-OS-19-0756 - DOI-OS-20-0441 USCA11 Case: 23-14029 Document: 4-1 Date Filed: 01/12/2024 Page: 2 of 2

2 Opinion of the Court 23-14029

Before WILSON, JORDAN, and JILL PRYOR, Circuit Judges. PER CURIAM: The petition for review is DISMISSED, sua sponte, for lack of jurisdiction. William Ferrell, a federal employee proceeding pro se, filed with us a petition for review of a final decision of the Equal Employment Opportunity Commission’s (“EEOC”) finding that he failed to prove employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) and the Rehabilita- tion Act of 1973 (“Rehabilitation Act”). Ferrell cannot invoke our review directly because there is not any statutory authority for us to review final decisions made by the EEOC. See City of Baton Rouge v. U.S. EPA, 620 F.2d 478, 480 (5th Cir. 1980) (concluding that the jurisdiction of a court of appeals to review agency orders in the first instance wholly depends upon statutory authorization); 29 C.F.R. § 1614.407(c) (authorizing a complainant under Title VII and the Rehabilitation Act to file a civil action in the appropriate United States district court within 90 days of receipt of the EEOC’s final decision on an appeal); 42 U.S.C. § 2000e-16(c); 29 U.S.C. § 794a(a)(1). No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.