Allen v. United States

ORDER ON MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

WILLIAM ALSUP, District Judge.

INTRODUCTION

In this Indian tribal rights action, defendants move to dismiss plaintiffs’ complaint for lack of subject-matter jurisdiction and failure to state a claim. Plaintiffs move for summary judgment. This order follows full briefing and oral argument. For the reasons stated below, defendants’ motion to dismiss is Granted. Plaintiffs’ motion for summary judgment is Denied as Moot.

STATEMENT

This litigation arises out of a request by 43 individuals, each allegedly possessing a one-half or more degree of…