Salazar

Timbisha Shoshone Tribe v. Salazar

Good Law
697 F. Supp. 2d 1181·2010 WL 962077·2010 U.S. Dist. LEXIS 35932
United States District Court, Eastern District of CaliforniaMarch 16, 2010Case CV F 09-2230 LJO SMSCalifornia4,093 words

Opinion

Opinion

O'Neill, J.

ORDER ON PLAINTIFFS’ PRELIMINARY INJUNCTION MOTION (Doc. 11)

Introduction

Plaintiffs Timbisha Shoshone Tribe (“Tribe”), Edward Beaman (“Mr. Beaman”), Virginia Beck (“Ms. Beck”), Cleave-land Lyle Casey (“Mr. Casey”), George Gholson (“Mr. Gholson”), Margaret Cortez (“Ms. Cortez”), and Bill Eddy (“Mr. Eddy”) (collectively “Plaintiffs”) move for a preliminary injunction, pursuant to Fed. R.Civ.P. 65, against federal defendants Ken Salazar, Larry Echo Hawk, Dale Morris, and the United States Department of the Interior (collectively “the BIA”). Plaintiffs seek an order from this Court to: (1) require the BIA to recognize one of the two November 10, 2009 Tribe General Elections; (2) require the BIA to recognize the validity of Plaintiffs’ actions since 2007; (3) enjoin the BIA from reviewing or making decisions regarding the alleged disenrollment of Plaintiffs from the Tribe; (4) declare that all pending appeals and proceedings between the Tribe and the BIA are moot; and (5) declare that the BIA’s failure to decide the administrative appeals in a timely manner constitutes agency action that is unreasonably delayed or unlawfully withheld. For the following reasons, this Court DENIES…

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