68th Street Gourmet Deli Corp v. US Department of Agriculture, 1:22-cv-05356

Plaintiff: 68th Street Gourmet Deli Corp., New York corporation doing business in Brooklyn.
FNS permanently disqualified the store from SNAP (effective March 8, 2021) for alleged SNAP trafficking and EBT purchases of non-food items.
Ownership changed to Nagib Issa; FNS imposed a $22,000 civil money penalty for the sale/transfer during the disqualification period.
Plaintiff received FNS’s final decision on August 8, 2022 and filed this suit on September 8, 2022 seeking judicial review.
Statute and regulation require a complaint seeking review within 30 days of service of FNS’s final determination (7 U.S.C. § 2023(a); 7 C.F.R. § 279.7(a)).
Court dismissed the action sua sponte with prejudice for lack of jurisdiction because the complaint was filed 31 days after notice (deadline was September 7, 2022).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court has jurisdiction to review FNS’s final SNAP disqualification and civil money penalty given the filing date	Filing on Sept. 8, 2022 was timely (claimed within 30 days)	Filing was untimely; 30-day period expired Sept. 7, 2022, so court lacks jurisdiction	Complaint was filed one day late; court lacks jurisdiction under the statutory 30-day rule and dismissed the case with prejudice

Adeleke v. United States, 355 F.3d 144 (2d Cir. 2004) (holds waivers of sovereign immunity must be unequivocally expressed)
United States v. Nordic Village, Inc., 503 U.S. 30 (1992) (establishes that waiver of sovereign immunity must be clear and not implied)