Everist v. Agriculture ( 2014 )


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  • Case: 14-1358   Document: 21     Page: 1   Filed: 05/30/2014
    NOTE: This order is nonprecedential.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.
    ______________________
    ON MOTION
    ______________________
    PER CURIAM.
    Case: 14-1358         Document: 21     Page: 2   Filed: 05/30/2014
    2                       EVERIST   v. DEPARTMENT OF AGRICULTURE
    ORDER
    This court considers whether this appeal should
    be transferred due to lack of jurisdiction.
    David D. 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 # 12630. This court is a court of limited
    jurisdiction. 28 U.S.C. § 1295. Based only upon our
    review, it is not clear that the District of Oregon’s juris-
    diction arose in whole or in part under the laws governing
    this court’s appellate jurisdiction.
    Accordingly,
    IT IS ORDERED THAT:
    (1) Everist is directed to show cause within 21 days
    from the date of this order why his appeal should not be
    transferred to the United States Court of Appeals for the
    Ninth Circuit pursuant to 28 U.S.C. § 1631. The appel-
    lees are also directed to respond within that time.
    (2) The briefing schedule is stayed.
    FOR THE COURT
    /s/ Daniel E. O’Toole
    Daniel E. O’Toole
    Clerk of Court
    s24
    

Document Info

Docket Number: 14-1358

Filed Date: 5/30/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014