Legal Opinion
Ronnie Enlow v. Patrick Moore
Court of Appeals for the Tenth Circuit
Decided January 20, 1998No. 96-5252PublishedCited by 15 opinions
1Opinion of the Court
BALDOCK, Circuit Judge.
Plaintiff Ronnie Enlow appeals an order of the district court dismissing his petition for a writ of prohibition without prejudice for failure to exhaust tribal remedies. Our jurisdiction arises under 28 U.S.C. § 1291. We review a dismissal for failure to exhaust only for an abuse of discretion. Texaco, Inc. v. Zah, 5 F.3d 1374, 1376 (10th Cir.1993). The proper scope of the tribal exhaustion rule, however, is a matter of law which we review de novo. Id. Thus, if the district court exceeded the scope of the rule, then the district court necessarily abused its discretion…
2Cases cited16 opinions
- United States v. WheelerSupreme Court of the United States · 1978
- Montana v. United StatesSupreme Court of the United States · 1981
- David Holt, as Personal Representative of the Estates of James W. Holt and Joan Holt, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1995
- National Farmers Union Insurance v. Crow Tribe of IndiansSupreme Court of the United States · 1985
- Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla.Supreme Court of the United States · 1991
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Crowe & Dunlevy, P.C. v. StidhamCourt of Appeals for the Tenth Circuit · 2011
- Burrell v. ArmijoCourt of Appeals for the Tenth Circuit · 2006
- Turner Ex Rel. Kiowa Tribe v. McGeeCourt of Appeals for the Tenth Circuit · 2012
- World Fuel Services v. Nambe Pueblo DevelopmentDistrict Court, D. New Mexico · 2019
- Tunica-Biloxi Indians of Louisiana v. PecotDistrict Court, W.D. Louisiana · 2004
10 more not listed; retrieve them via the Exa API.