Everist v. Agriculture ( 2014 )


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  • 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    NOTE: This order is nonprecedential.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
    

Document Info

Docket Number: 14-1358

Filed Date: 8/5/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021