DC Circuit Dismisses Havens Appeal
The U.S. Court of Appeals for the D.C. Circuit dismissed a petition for review by pro se petitioner Warren Havens because he also petitioned for reconsideration of the same FCC decision upholding an administrative law judge order dismissing his companies…
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from a maritime/land mobile ALJ proceeding. “A party may not simultaneously seek agency reconsideration and judicial review of the same agency order,” said a per curiam order (in Pacer) Tuesday from the court. “Warren Havens’s requests for agency review render his petition for review and notice of appeal incurably premature.” The court also denied a request by Havens to transfer the matter to the district court, since it lacks authority over the FCC.