Marion P. Fry, Dr. v. Drug Enforcement Agency

Dr. Marion Fry petitions for review of the Drug Enforcement Administration’s (DEA) final order and the denial of her request for reconsideration of that final order and to reopen the proceedings. We dismiss the request for review of the final order because we lack jurisdiction, and affirm the DEA’s denial of Dr. Fry’s motion to reopen the proceedings.

I. BACKGROUND

In March 2002, the DEA served Dr. Fry with an Order to Show Cause why it should not revoke her certificate of registration to dispense controlled substances, because her continued registration would be inconsistent with the public interest. See Controlled Substances Act, 21 U.S.C. §§ 801 et seq. (CSA). The DEA did not receive a hearing request from Dr. Fry in response to this March 2002 order, and on December 13, 2002, the agency entered a final order revoking Dr. Fry’s DEA certificate of registration. The final order was published in the Federal Register on December 20, 2002. Marion “Molly” Fry, M.D.; Revocation of Registration, 67 Fed. Reg. 78,015 (Dec. 20, 2002). In response, counsel for Dr. Fry faxed a letter to the DEA on January 10, 2003, requesting that the DEA dissolve the final order revoking her registration…