Robert Barboza v. U.S. Department of Labor

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 14 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT ALLEN BARBOZA, No. 20-70363

Petitioner, LABR No. 2018-0076

v.

MEMORANDUM*

U.S. DEPARTMENT OF LABOR,

Respondent,

BNSF RAILWAY COMPANY,

Intervenor.

On Petition for Review of an Order of the Department of Labor

Submitted July 13, 2022**

Before: WALLACE, FERNANDEZ, and SILVERMAN, Circuit Judges.

Robert Allen Barboza petitions pro se for review of the Administrative

Review Board’s decision affirming the administrative law judge’s summary

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). decision denying and dismissing Barboza’s complaint under the Federal Rail

Safety Act, 49 U.S.C. § 20109. We have jurisdiction, and review the agency’s

decision in accordance with the Administrative Procedure Act. See 49 U.S.C.

§ 20109(d)(4); 5 U.S.C. § 706.…