ORDER GRANTING COAST GUARI),S MOTION FOR DEFAULT ORDER

On or about February 23,2023,the United States Coast Guard Sector Mobile (Coast

Guard) issued a Complaint against JALEN CRESHUN BOLDEN (Respondent) seeking to

revoke his Merchant Mariner Credentials (MMC or credentials) for drug use, in violation of 46

U.S.C. $ 7704(b) and,46 C.F.R. $ 5.35. Specifically, the Coast Guard alleges Respondent took a

pre-employment drug test pursuant to 46 C.F-.R. Part 16 on March 21,2022, in which his

specimen tested positive for marijuana metabolites.l

The Coast Guard filed its Retum ofService for Complaint on February 23,2023,

indicating it served a copy ofsaid Complaint to Respondent at his residence by express courier.

Respondent signed for the document on Febru ary 23,2023.2 As set forth in the Complaint,

Respondent's Answer is due within 20 days of receipt in accordance with 33 C.F.R. $ 20.308.

Respondent's Answer was due no later than March27,2023, since March 25, 2023 was a

Saturday.

To date, Respondent has neither filed an Answer nor requested an extension of time to

file an Answer; tlerefore, the Coast Guard filed its Motion for Default Order (Default Motion)

on April 27,2023, requesting the Administrative Law Judge (ALJ) issue a Default Order against

Respondent imposing the sanction asked for in the Complaint.3 The Coast Guard subsequently

filed a Retum of Service for the Default Motion showing it served a copy of said Default Motion

I I note, on pages 3 and 4 ofthe Complaint, inadv€rtently lists the names of two different respondents in the case

caption, and an enforc€ment aclivity number of"'?2122'19", which differs from the other pages. Also, the Certificate

of Service attached to the Complaint lists an addressee with an address that does not coincide with Respondent's

information listed on page I ofthe Complaint.

2 In its Retum of Service for Complaint, the Coast Guard indicated that the document was signed for by Respondent.

However, the Fed Ex proofofdelivery indicates that the package was signed for by "F. Bolden."

3 The Certificate of Service attached to the Motion for Default Order lists the addressee as "Anterio Williams", but

the address is the same address as listed on the Complaint for Respondent. I assume and accept the incorr€ct name is

a typographical error.

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to Respondent at his residence by Fed Ex express courier. Respondent signed for the Default

Motion on Jme 1, 2023.

Title 33 C.F.R. $ 20.310 provides'1he respondent alleged to be in default shall file a

reply to the motion 20 days or less after service of the motion." Respondent's reply was due no

later than June 21,2023. To date, Respondent has not filed his reply.

On July 12, 2023, the ALJ Docketing Center assigned this matter to the undersigned for

review and adjudication. After careful review of this file, I find the applicable provisions of33

C.F.R. $$ 20.310 and 20.304(d) and (h) have been complied with and Respondent is in

DEI'AULT. Under 33 C.F.R. $ 20.310(c) a default constitutes an admission of all facts alleged

in the Complaint and a waiver of Respondent's right to a hearing.

Accordingly, I find the violations alleged in the Complaint are PROVED. I have

carefully reviewed the Complaint and the Default Motion and further find the proposed sanction

ofrevocation is appropriate under the provisions of46 C.F.R. $ 5.569.

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SANCTION

IT IS HEREBY ORDERED that Respondent JALEN CRESHUN BOLDEN's

Merchant Mariner Credentials are REVOKED.

IT IS FURTHER ORDERED that Respondent immediately sunender his credentials to

the Investigating Officer at the United States Coast Guard Sector Mobile, I 500 15th Sheet,

Mobile, AL 36615. If Respondent knowingly continues to use his credentials, he may be

subject to criminal prosecution.

PLEASE TAKE NOTICE that under 33 C.F.R. $ 20.310(e), for good cause shown, an

Administrative Law Judge may set aside this finding of Default. Respondent may file a motion

to set aside the finding with the ALJ Docketing Center, Baltimore, MD.

PLEASE TAKE FURTHER NOTICE that service of this Order upon Respondent

serves to notiff Respondent ofhis right to appeal as set forth in 33 C.F.R. $$ 20.1001 - 20.1004.

(Attachment A).

Done and dated August 17,2023

New York, NY

ue./l s/,4*A

HON. WALTER J. BRUDZINSKI

CHIEF ADMINISTRATIVE LAW ruDGE

UNITED STATES COAST GUARD

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