John J. Marick v. Commodity Futures Trading Commission

8 F.3d 28 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John J. MARICK, Petitioner, v. COMMODITY FUTURES TRADING COMMISSION, Respondent. No. 92-70277. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1993. Decided Oct. 21, 1993. 1 Before: SKOPIL, HALL, and RYMER, Circuit Judges 2 MEMORANDUM * 3 John J. Marick appears pro se seeking review of an order of the Commodity Futures Trading Commission (CFTC). CFTC summarily affirmed the decision of the Administrative Law Judge, rejecting Marick's claims that Dean Witter Reynolds, Inc. and Wayne Brannon violated the Commodity Exchange Act, 7 U.S.C. §§ 1-24 (1988). Marick contends that the ALJ erred by rejecting his claims of churning, making certain evidentiary rulings, and refusing to reopen the case. We reject these contentions and we affirm. DISCUSSION A. Jurisdiction 4 CFTC questions whether Marick timely filed his petition for review. We previously granted Marick's motion to file a late…