Vurnun Jaxun v. ASARCO, LLC, No. 09-72459 (9th Cir. 2011)
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FILED JAN 07 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT VURNUN EDWURD JAXUN, Petitioner, No. 09-72459 FMSHRC No. WEST 2007-811DM v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; ASARCO, LLC, MEMORANDUM * Respondents. On Petition for Review of an Order of the Federal Mine Safety and Health Review Commission Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges. Vurnun Edwurd Jaxun petitions pro se for review of the Federal Mine Safety and Health Review Commission s decision dismissing his discrimination complaint under section 105(c) of the Federal Mine Safety and Health Act of 1977. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We have jurisdiction under 30 U.S.C. § 816(a). We review for substantial evidence the Administrative Law Judge s factual findings, Miller Mining Co. v. Fed. Mine Safety & Health Review Comm n, 713 F.2d 487, 490 (9th Cir. 1983), and we deny the petition for review. Substantial evidence supports the Administrative Law Judge s finding that ASARCO, LLC terminated Jaxun because of his insubordinate behavior and not because of his safety complaints. Accordingly, Jaxun s discrimination complaint was properly dismissed. See 30 U.S.C. § 815(c)(1). We do not consider Jaxun s contentions concerning fraudulent inducement of employment and interference with the exercising of the statutory rights of a miner because these claims were not raised below. See Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., 546 F.3d 1142, 1146 (9th Cir. 2008). PETITION FOR REVIEW DENIED. 2 09-72459
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