McCrary

ORDER DISMISSING PLAINTIFF’S AMENDED COMPLAINT

I. INTRODUCTION

Homer T. McCrary (“Plaintiff’) filed this action against Carlos M. Gutierrez, the National Marine Fisheries Service (“NMFS”), and Russ M. Strach (collectively, “Defendants”), alleging Defendants acted contrary to the procedural provisions of the Endangered Species Act (“ESA”), 16 U.S.C. § 1533 , in violation of the Administrative Procedures Act (“APA”), 5 U.S.C. § 706 . Presently before the Court are the parties’ cross-motions for summary judgment.

The Court found the motions appropriate for submission without oral argument. See Civ. L.R. 7 — 1(b). Based on the papers submitted to date, the Court DISMISSES Plaintiffs Amended Complaint because the Court lacks subject matter jurisdiction.

II. BACKGROUND

On March 31, 2006, Plaintiff filed an Amended Complaint, challenging the NMFS’ decision not to review Plaintiffs petition to redefine the southern boundary of the California Central Coast evolutionarily-significant unit (“ESU”) of coho salmon. (See Amended Complaint ¶ 39, hereafter, “AC,” Docket Item No. 1.) Plaintiff alleges that Defendants violated the APA because they did not observe the procedure required under §…