Lewis et al v. Salazar et al

Filing 73

ORDER GRANTING Secretary of th Interior Tribal Defendants Motion to Dismiss; ORDERED to GRANT Judgment In Favor of Tribal Defendants, signed by Senior Judge Oliver W. Wanger on 09/08/2011. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR EASTERN DISTRICT OF CALIFORNIA

11 CLIFFORD M. LEWIS, et al.,
Plaintiffs,
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v.

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14 KEN SALAZAR, et al
Defendants.

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CASE NO. 10-CV-01281 OWW
DLB
OLIVER
W.
PRESIDING
UNITED STATES
JUDGE

WANGER,
DISTRICT

ORDER
GRANTING
SECRETARY OF THE INTERIOR
TRIBAL
DEFENDANTS'
MOTION TO DISMISS
Date:
August 1, 2011
Time: 10;00 a.m.
Place: Courtroom 3

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The Motion to Dismiss of Defendants Ray Barnes, Marian

21 Burrough, Ivadelle Castro, Lewis Barnes, William Walker, Aaron Jones,
22 Carolyn Walker, Twila Burrough, and Lori Castro (hereinafter collectively
23 referenced as ATribal Defendants@) came regularly for hearing on August
24 1, 2011, at 10 a.m., in Courtroom 3 before the Honorable Oliver W.
25 Wanger.
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After reviewing all the papers filed in this matter and entertaining

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2 oral argument, the Court ruled there is good cause to GRANT Tribal
3 Defendants= motion.
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

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(1)

That Tribal Defendants= Motion To Dismiss Second Amended Complaint For

9 Lack Of Subject Matter Jurisdiction, Or In The Alternative, For Failure To State A Claim
10 Upon Which Relief Can Be Granted is GRANTED; That Plaintiffs have failed to allege a
11 cognizable claim against Tribal Defendants and that further leave to amend would be futile;
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That Plaintiffs= Second Amended Complaint is DISMISSED WITH PREJUDICE;

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The Clerk of this Court is directed grant judgment in favor of Tribal

15 Defendants and close this case.
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IT IS SO ORDERED.
Dated:

September 8, 2011

/s/ Oliver W. Wanger

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UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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