No. 20-258

Alvin E. Medina v. Federal Aviation Administration

Lower Court: Federal Circuit
Docketed: 2020-09-01
Status: Denied
Type: Paid
Response Waived
Tags: appeal appeal-rights arbitration arbitration-decision civil-procedure due-process equitable-tolling judicial-review notice notice-of-appeal pro-se pro-se-litigant
Key Terms:
Arbitration DueProcess
Latest Conference: 2020-10-16
Question Presented (AI Summary)

whether-the-failure-to-provide-notice-of-appeal-rights-with-arbitrator's-decision-and-certificate-of-service-to-pro-se-litigants-warranted-a-favorable-ruling-for-a-petition-for-review

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : Alvin E Medina, the Petitioners, request this Petition for Writ of Certiorari be granted given the salient issue equitable tolling, and the constitutional matter of proper notice of appeal rights and proper certificate of service of a decision is absent. When a ; : Federal Circuit Courts has jurisdiction of its own court’s precedent, “do you throw the baby out with the bath water”? Notice of appeal rights 5 C.F.R. § 1201.21 (a) to get you to 5 U.S.C. § 7703 (b) (1) (A); and 5 U.S.C. § 7121 (f) (“Section 7303.pertaining to judicial review shall : apply to the award of an arbitrator in the same manner and under the same conditions as if the matter had been decided by the Board”) An arbitrator “issues notice” on “the date on which” the arbitrator “sends the parties the , final decision, whether electronically, by regular mail, or . by other means.”1) (A); the 60 day time limit to lead you to the federal court to appeal a decision is silent is that equitable tolling? Notice of Appeal Rights on March 29, 2019, and “{tJhe arbitrator’s decision letter was silent on the Petitioner appeal rights in this process,” and “had no , instructions, guidance, or any language on where, when, or how to file an appeal.” Petition for Review should have . been granted under 5 U.S.C. § 7703 (b) (1) (A); and 5 . U.S.C. § 7121 (f). Pro-se party must be afforded the same protections mandated by the rules of the MSPB, and the constitution. 28 U.S Code § 2107. Time for appeal to court of appeal ; WHETHER THE FAILURE TO PROVIDE NOTICE OF APPEAL RIGHTS WITH ARBITRATOR’S | DECISION AND CERTIFICATE OF SERVICE TO PRO-SE LITIGANTS WARRANTED A FAVORABLE RULING FOR A PETITION FOR REVIEW UNDER5 STATEMENT OF RELATED CASES None. : : iw ,

Docket Entries

2020-10-19
Petition DENIED.
2020-09-30
DISTRIBUTED for Conference of 10/16/2020.
2020-09-23
Waiver of right of respondent FAA to respond filed.
2020-08-04
Petition for a writ of certiorari filed. (Response due October 1, 2020)

Attorneys

Alvin E. Medina
Alvin E. Medina Sr. — Petitioner
Alvin E. Medina Sr. — Petitioner
FAA
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent