Torres
Santa Ynez Band of Mission Indians v. Torres
Opinion
Opinion
Wilson, J.
ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
I. INTRODUCTION
Plaintiff Santa Ynez Band of Mission Indians (the “Tribe”) seeks an order re quiring the removal and permanent exclusion by the United States Marshal of Defendant Vince Torres (“Torres”) and all of his personal property from the Santa Ynez Reservation (the “Reservation”). Plaintiff has filed a motion for summary judgment, alleging that there are no material issues of fact in dispute and Plaintiff is entitled to judgment as a matter of law.
As set forth below, Plaintiffs motion for summary judgment is DENIED.
II. FACTUAL BACKGROUND
Santa Ynez Band of Chumash Mission Indians of the Santa Ynez Reservation, California is a federally-recognized Indian tribe. See 65 F.R. 13298 (2000). Other than that independently-identifiable piece of information, Plaintiff has failed to submit admissible evidence from which this Court could determine the factual genesis of this case. Stapled to the back of Plaintiffs summary judgment motion are various pieces of paper. Unfortunately, there is not a single declaration in the record identifying what any of those documents actually are. Nevertheless, the Court will presume that…