HOLDNER v. COBA (2019)

United States Court of Appeals, Ninth Circuit.

William F. HOLDNER, dba Holdner Farms, Plaintiff-Appellant, v. Katy COBA, Director of the Oregon Department of Agriculture, in her individual and official capacity; Dick Pederson, Director of the Oregon Department of Environmental Quality, in his individual and his official capacity, Defendants-Appellees.

No. 18-35605

Decided: April 24, 2019

Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.

William F. Holdner, Pro Se Jordan R. Silk, Attorney, Oregon Department of Justice, Salem, OR, for Defendants - Appellees

MEMORANDUM ***

William F. Holdner, DBA Holdner Farms, appeals pro se from the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action arising from the alleged improper regulation of Holdner’s former cattle ranch. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s compliance with a mandate. United States v. Kellington, 217 F.3d 1084, 1092 (9th Cir. 2000). We affirm.

We previously remanded this case to the district court for it to dismiss Holdner’s action without prejudice. Holdner v. Coba, 693 F. App'x 613 (9th Cir. 2017). Under the rule of mandate, the district court lacked authority to consider any other arguments raised by Holdner. See Stacy v. Colvin, 825 F.3d 563, 568 (9th Cir. 2016). Holdner repeats these other arguments in this appeal, but our prior ruling constitutes the law of the case. See id. at 567.

AFFIRMED.

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