Blackwell v. United States, 83-2811-CIV-EPS
| Decision Date | 28 June 1984 |
| Docket Number | No. 83-2811-CIV-EPS,83-2811-CIV-EPS |
| Citation | 586 F. Supp. 947 |
| Parties | John F. BLACKWELL, III, Plaintiff, v. UNITED STATES of America, Defendant. |
| Court | U.S. District Court — Southern District of Florida |
Richard Wingate, Miami, Fla., for plaintiff.
Marilynn Koonce, Miami, Fla., for defendant.
THIS CAUSE comes before the Court on Defendant's, the UNITED STATES OF AMERICA, Motion to Dismiss for lack of subject matter jurisdiction, filed May 3, 1984, and the Court having reviewed the record and being otherwise duly advised, it is hereby
ORDERED AND ADJUDGED that said motion be and is hereby GRANTED.
Plaintiff in this case had his United States Coast Guard license number 146714 revoked on February 20, 1981, by order of a United States Coast Guard Administrative Law Judge as a result of Plaintiff's activities during the "Mariel Boatlift" which brought over one-hundred-thousand Cuban refugees to South Florida in 1980. Pursuant to 46 C.F.R. 5.30-1 and 46 U.S.C. 239(g), Plaintiff filed a timely appeal of the Administrative Law Judge's decision to the Commandant of the United States Coast Guard. On April 7, 1983, the Commandant affirmed the decision of the ALJ. Service of the Commandant's decision was effected on April 15, 1983, which decision may be appealed from upon timely notice to the National Transportation Board ("Board"). The Board's procedural rules provide, in part:
Plaintiff filed a notice of appeal to the Board, but not until June 24, 1983, almost two (2) months after service of the Commandant's decision, and claimed that the delay in filing was due to a sudden substantial workload increase. The Coast Guard then moved to dismiss the notice of appeal, the motion being granted by the Board on October 27, 1983. Plaintiff then brought this action for de novo review of the ALJ's decision, claiming the ruling was inordinately harsh.
Plaintiff seeks review by the District Court, relying on 5 U.S.C. 701, et seq., more commonly known as the Administrative Procedures Act ("APA"). The APA permits judicial review of agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court. 5 U.S.C. 704. In this case, the agency action is indeed reviewable, but the statute at issue specifically calls for review by the Court of Appeals. Orders from the Board are reviewable by the Court of Appeals pursuant to 49 U.S.C. 1903(d), which reads in part:
Any review by the District Court, particularly de novo review, would simply fly in the face of Congress' clear placement of jurisdiction in the Court of Appeals in situations like this one.
Plaintiff claims that he seeks de novo review of the ALJ's ruling, not review of the Board's decision to grant...
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