Ivey v. Fair Labor Relations Authority

FILED JuN-szou C|erk, U.S. Dlstr|ct & Bankruptcy courts f@f m3 of columbia FOR THE DISTRICT CF COLUMBIA Steven Ivey, l Plaintiff, § v. § Civil Action No. 57 Fair Labor Relations Authority et al., l Defendants. § ) MEMORANDUM OPINION This matter is before the Court on review of the plaintiffs pro se complaint and application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed for lack of subject matter jurisdiction. See Fed. R. Civ. P. l2(h)(3) (requiring the court to dismiss an action "at any time" it determines that subject matter jurisdiction is wanting). Plaintiff seeks review of the decision of the General Counsel of the Federal Labor Relations Authority ("FLRA"), effectively declining to "issue a complaint against the National Treasury Employees Union . . . and the US Treasury Department . . . for unfair labor practices . . . ." Compl. at l-Z. The General Counsel’s decision "not to file a complaint is not judicially reviewable . . . ." Patent Ojj‘ice Prof’l Ass’n v. FLRA, 128 F.3d 751, 753 (D.C. Cir. l997). A separate Order of dismissal accompanies this Mernorandum Opinion. -.n.». z Uni d St tes District Judge DATE: June , 2011