Dierkes

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TINA DIERKES,  No. 03-73141 Petitioner, v.  LABR No.

ALJ-00-TSC-002

U.S. DEPARTMENT OF LABOR,

ORDER

Respondent.  On Petition for Review of an Order of the Department of Labor

Submitted February 10, 2005* Seattle, Washington

Filed February 17, 2005

Before: Monroe G. McKay,** Diarmuid F. O’Scannlain, and Carlos T. Bea, Circuit Judges.

COUNSEL

Thad M. Guyer and Stephani L. Ayers, Government Account- ability Project, Seattle, Washington, for the petitioner.

Howard M. Radzely, Steven J. Mandel, Anne Payne Fugett, and Barbara Eby Racine, United States Department of Labor, Washington, D.C., for the respondent.

*This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). **The Honorable Monroe G. McKay, Senior United States Circuit Judge for the Tenth Circuit, sitting by designation.

1953 1954 DIERKES v. U.S. DEP’T OF LABOR

ORDER

We previously issued an order to show cause why this peti- tion for review should not be dismissed as untimely. We have considered the responses…