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United States Department of Labor Employees Compensation Appeals Board DONALD R. GERVAIS, Appellant and DEPARTMENT OF HOMELAND SECURITY, TRANSPORTATION SECURITY ADMINISTRATION, Jamaica, NY, Employer)))))))))

Gervais' (his “Appellant's”) final-amendment petition, Mr. Gervais' appeal is denied by order denied; in its judgment, the Court of Appeals is affirmed, and this appeal is dismissed. BACKGROUND In its January 15, 2005, letter to Mr. Gervais from the Department of Transportation Security Administration, the Administrator of the Federal Aviation Administration, the Department of Homeland Security, and the Executive Office of the President (which letter is incorporated herein by reference), the Administration stated that it did not find “the claims of the appellants to be meritless or without merit” and noted that this decision “reaffirms the conclusion reached by the District Court.” (Letter from Ronald L. Dinette, Special Assistant to the Administrator of the Federal Aviation Administration to Thomas Gentler, Executive Director for the Department of Transportation Security Administration, Department of Homeland Security, Executive Office of the President (Dec. 8, 2003) (copied in whole or in part from page 8 of the Administrative Record) (“Administrative Decision No. 00-30”)).) On this appeal from the ruling of the Administration, Mr. Gervais argues that the Agency's actions in dismissing the appeal were an improper exercise of discretion. On August 10, 1995, the United States District Court for the Eastern District of Pennsylvania dismissed Mr. Gervais' first appeal, the first appeal of the 1994 Decision, and the United States District Court denied Mr. Gervais' motion to reconsider that decision. After the expiration of six months, Mr. Gervais appealed his dismissal from that decision to the United States Court of Appeals for the Third Circuit. That Court, without a hearing, agreed with the District Court and dismissed Mr. Gervais' appeal by a one-line order on the record. A single paragraph from the order of the Court of Appeals reads as follows: “Dismissal of the appeal without oral argument and a written order on the record deprives the Appellant of the ability to present material arguments in a timely manner in the Court of Appeals and thereby deprives the Appellant the right to pursue his claims to the full extent of the law”. Mr. Gervais did not file an amended petition, but made a second appeal to the Third Circuit for reversal.

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