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[U} Vurnun Edwurd Jaxun v. Federal Mine Safety and Health Review Commission; Asarco

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 7, 2011

VURNUN EDWURD JAXUN, PETITIONER,
v.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; ASARCO, LLC, RESPONDENTS.

On Petition for Review of an Order of the Federal Mine Safety and Health Review Commission FMSHRC No. WEST 2007-811-DM

NOT FOR PUBLICATION

MEMORANDUM*fn1

Submitted December 14, 2010*fn2

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.

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.


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