Beams v. Norton

MEMORANDUM ORDER AND OPINION GRANTING MOTION TO DISMISS INDIAN PREFERENCE ACT CLAIM

ROBINSON, District Judge.

This comes before the Court on defendant’s motion to dismiss or for summary judgment on plaintiffs Indian Preference Act Claim. (Doc. 41). Because the Indian Preference Act does not confer a private right of action, and because the United States has not waived sovereign immunity, the Court lacks subject matter jurisdiction over this claim. Furthermore, plaintiff fails to state a claim for relief because he has failed to properly assert or plead a claim for non-monetary relief. Thus,…