Raul C. Nunez v. Federal Aviation Administration

42 F.3d 1401 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raul C. NUNEZ, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent. No. 94-70208. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 4, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Raul C. Nunez petitions pro se for review of the Federal Aviation Administration Administrator's ("Administrator") March 10, 1994 decision affirming an administrative law judge's ("ALJ") November 5, 1992 order. 1 In his order, the ALJ (1) deemed admitted allegations that Nunez smoked on a nonsmoking flight because Nunez failed to show good cause for failing to respond to the FAA's complaint, (2) entered a default judgment in favor of the FAA, and (3) assessed a civil penalty against Nunez. Nunez seems to contend that he was deprived of due process of the law because he was not given sufficient time to respond to the order to show cause prior to entry…