Opinion
No. 10-1572.
Submitted: December 20, 2010.
Filed: December 30, 2010.
Petition for Review of an Order of the Department of Labor Administrative Review Board.
James F. Newport, Blue Springs, MO, pro se.
Paul L. Frieden, Roger W. Wilkinson, U.S. Department of Labor, Office of the Solicitor, Washington, DC, Jeffrey P. Ray, Assistant U.S. Attorney, U.S. Attorney's Office, Kansas City, MO, James G. Brown Ford Harrison, Orlando, FL, for Respondents.
Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.
[UNPUBLISHED]
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 Alien v. Admin. Review BcL, 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.