Crisell Seguin v. US Department of Labor ( 2018 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 18-1414
    CRISELL SEGUIN,
    Petitioner,
    v.
    UNITED STATES DEPARTMENT OF LABOR, ADMINISTRATIVE REVIEW
    BOARD; NORTHROP GRUMMAN SYSTEMS CORP.,
    Respondents.
    On Application for Enforcement of an Order of the United States Department of Labor
    Administrative Review Board. (LABR-1:15-038; LABR-1:15-040; LABR-1:16-014)
    Submitted: June 26, 2018                                          Decided: July 10, 2018
    Before NIEMEYER, KING, and DIAZ, Circuit Judges.
    Application dismissed by unpublished per curiam opinion.
    Crisell Seguin, Petitioner Pro Se. Sarah Kay Marcus, Office of the Solicitor, UNITED
    STATES DEPARTMENT OF LABOR, Washington, D.C.; Lincoln Owens Bisbee, Peter
    David Larson, MORGAN LEWIS & BOCKIUS, LLP, Washington, D.C.; Kelly Patrick
    Dunbar, David William Ogden, WILMERHALE LLP, Washington, D.C., for
    Respondents.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Citing Fed. R. App. P. 15(b), Petitioner Crisell Seguin has filed an application to
    enforce Respondent Department of Labor Administrative Review Board’s order awarding
    Seguin attorney’s fees and costs related to her whistleblower-retaliation complaint against
    Respondent Northrop Grumman Systems Corporation. Having reviewed the parties’
    submissions, we agree with Respondents that this Court lacks jurisdiction over Seguin’s
    application.   Contrary to Seguin’s argument, in the absence of a “special statute
    conferring jurisdiction,” Rule 15 is not a source of appellate jurisdiction. Dew v. Hardin,
    
    432 F.2d 926
    , 926 (4th Cir. 1970) (per curiam). No statute confers jurisdiction on this
    Court to enforce the order in question.         See 18 U.S.C. § 1514A(b)(2)(A) (2012);
    49 U.S.C. § 42121(b)(6) (2012) (providing that jurisdiction over application for
    enforcement of final order of Secretary of Labor in whistleblower action is in appropriate
    district court). Accordingly, we deny Seguin’s motion to appoint counsel and dismiss her
    Rule 15 application for lack of jurisdiction. We dispense with oral argument because the
    facts and legal contentions are adequately presented in the materials before this court and
    argument would not aid the decisional process.
    APPLICATION DISMISSED
    2
    

Document Info

Docket Number: 18-1414

Filed Date: 7/10/2018

Precedential Status: Non-Precedential

Modified Date: 4/18/2021