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NOTE: This order is nonprecedential.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
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