United States Ninth Circuit

In a matter arising from a dispute with the government over ownership of two million acres of land in California, raising RICO and other constitutional claims, Rule 12(b)(6) dismissal of plaintiff's action against federal employees as procedurally barred is reversed where: 1) prior Federal Tort Claims Act (FTCA) claims were dismissed for lack of jurisdiction; and 2) plaintiffs' subsequent claims against the federal employees were not barred. However, denial of a motion to recuse the district judge is affirmed.

Appellate Information

• Decided 06/21/2007
• Published 06/21/2007

Judges

• Before: PROCTER HUG, JR., HARRY PREGERSON, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ronald J. Tocchini and Jason M. Sherman, Tocchini & Associates PC, Roseville, CA, for the plaintiff-appellant.


• For Appellees:
  
• Robert I. Lester and Sharla Cerra, Assistant United States Attorneys, Los Angeles, CA, for the defendants-appellees.