Franklin Basnight v. Ceres Marine Terminals, Inc.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1137
FRANKLIN BASNIGHT,
Petitioner,
v.
CERES MARINE TERMINALS, INC.; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondent.
On Petition for Review of an Order of the Benefits Review Board
(BRB-1: 12-0108).
Submitted: June 26, 2013 Decided: July 24, 2013
Before SHEDD and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Franklin Basnight, Petitioner Pro Se. Lawrence P. Postol,
SEYFARTH SHAW, LLP, Washington, D.C.; Kathleen Kim, Mark A.
Reinhalter, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.,
for Respondents.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Franklin Basnight seeks review of the Benefits Review
Board’s decision and order affirming the administrative law
judge’s denial of modification of an award of longshore
disability benefits pursuant to 33 U.S.C. §§ 901-950 (2006), and
subsequent decision denying reconsideration. Our review of the
record discloses that the Board’s decision is based upon
substantial evidence and is without reversible error.
Accordingly, we deny Basnight’s motion to proceed in forma
pauperis and deny the petition for review for the reasons stated
by the Board. Basnight v. Ceres Marine Terminals, Inc., BRB No.
12-0108 (B.R.B. Sept. 25, 2012; Dec. 19, 2012). We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and
argument would not aid the decisional process.
PETITION DENIED

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