James Newport v. U.S. Dept. of Labor, et al, No. 10-1572 (8th Cir. 2010)
Annotate this CaseCourt Description: Petition for Review - Department of Labor Administrative Review Board. The Board's order dismissing petitioner's appeal for failure to prosecute is affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-1572 ___________ James F. Newport, * * Petitioner, * * Petition for Review of an v. * Order of the * Department of Labor United States Department of Labor; * Administrative Review Board. Siemens Generation Services Company; * Michael McCormick, President, * [UNPUBLISHED] * Respondents. * ___________ Submitted: December 20, 2010 Filed: December 30, 2010 ___________ Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges. ___________ PER CURIAM. James Newport petitions for review of a final order of the Department of Labor Administrative Review Board ( ARB ) dismissing his administrative appeal for failure to prosecute. Having carefully reviewed the record, we conclude that the ARB s decision is not arbitrary, capricious, an abuse of discretion, contrary to the law, or unsupported by substantial evidence in the record. See 49 U.S.C. § 42121(b)(4)(A) (this court reviews ARB s decision pursuant to Administrative Procedure Act); 5 U.S.C. § 706(2) (reviewing court shall hold unlawful and set aside agency decisions if they are found to be arbitrary, capricious, abuse of discretion, or otherwise not in accordance with law, or if unsupported by substantial evidence in record as whole); see also Allen v. Admin. Review Bd., 514 F.3d 468, 476 (5th Cir. 2008) (ARB s conclusions of law are reviewed de novo). Accordingly, we deny the petition. See 8th Cir. R. 47B. We also deny all pending motions. ______________________________ -2-
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