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NOTE: This order is nonprecedential.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
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