Ayers
v.
Westmoreland

United States Court of Appeals, Fourth CircuitJul 12, 2007
234 Fed. Appx. 94 (4th Cir. 2007)

No. 06-2168.

Submitted: June 20, 2007.

Decided: July 12, 2007.

On Petition for Review of an Order of the Benefits Review Board. (No. 06-0240-BLA).

Harry Thomas Ayers, Petitioner Pro Se. Patricia May Nece, Rita A. Roppolo, United States Department of Labor, Washington, D.C.; Douglas Allan Smoot, Jackson Kelly, PLLC, Charleston, West Virginia; Kathy Lynn Snyder, Jackson Kelly, PLLC, Morgantown, West Virginia, for Respondents.

Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Harry Thomas Ayers seeks review of the Benefits Review Board's decision and order affirming the administrative law judge's denial of black lung benefits pursuant to 30 U.S.C. §§ 901- 945 (2000). Our review of the record discloses that the Board's decision is based upon substantial evidence and is without reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for review for the reasons stated by the Board. Ayers v. DOWCP, No. 06-0240-BLA (BRB Oct. 18, 2006). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED.