Everist v. Agriculture
Everist v. Agriculture
Opinion
Case: 14-1358 Document: 25 Page: 1 Filed: 08/05/2014
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
DAVID D. EVERIST, Plaintiff-Appellant,
v.
DEPARTMENT OF AGRICULTURE FOREST SERVICE, DONNA MICKLEY, SECRETARY OF THE INTERIOR, DAYNE BARRON, ATTORNEY GENERAL OF U.S., AND DOUGLAS FONG, Defendants-Appellees,
AND
CITY OF MEDFORD, OREGON, MARK D. CLARKE, JANE DOE, JOHN DOE, AND OWEN M. PANNER, Defendants. ______________________
2014-1358 ______________________
Appeal from the United States District Court for the District of Oregon in No. 1:14-cv-00199-CL, Magistrate Judge Mark D. Clark. ______________________
PER CURIAM. ORDER Case: 14-1358 Document: 25 Page: 2 Filed: 08/05/2014
2 EVERIST v. AGRICULTURE
In light of David D. Everist’s response to this court’s show cause order, we consider whether this appeal should be transferred pursuant to 28 U.S.C. § 1631. Everist appeals a decision from the United States District Court for the District of Oregon that dismissed his complaint appearing to allege violations under the Federal Land Policy Management Act and Executive Order No. 12630. While this court’s jurisdiction extends to Little Tucker Act claims for no more than $10,000, see 28 U.S.C. § 1295(a)(2), here to the extent that Everist’s complaint can be read as raising such a claim, it appears that he asked for more than the threshold amount. Because this case does not fall within our jurisdiction, the court will transfer the matter to the United States Court of Appeals for the Ninth Circuit. Accordingly, IT IS ORDERED THAT: (1) The appeal is transferred to the United States Court of Appeals for the Ninth Circuit pursuant to 28 U.S.C. § 1631. (2) All other pending motions are transferred to the Ninth Circuit.
FOR THE COURT
/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court s24
Reference
- Status
- Unpublished