United States v. John Nelson

MEMORANDUM

John B. Nelson appeals pro se from the district court’s summary judgment in the government’s action for trespass seeking to eject Nelson and others from a mill site on federal land and to require them to complete reclamation or pay the cost of reclamation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment, United States v. Milner, 583 F.3d 1174, 1182 (9th Cir.2009), and its dismissal of defendants’ counterclaims for lack of subject matter jurisdiction, Vacek v. U.S. Postal Serv., 447 F.3d 1248, 1250 (9th Cir.2006). We affirm.

The district court properly granted summary judgment on the government’s trespass claim because Nelson failed to raise a genuine dispute of material fact as to whether he continued to occupy the mill site after the expiration of the notice of operations, and whether the United States was the owner of the property. See 43 U.S.C. § 1733 (g) (“The use, occupancy, or development of any portion of the public lands contrary to any regulation of the Secretary or other responsible authority, or contrary to any order issued pursuant to any such regulation, is unlawful and prohibited.”); 43 C.F.R. §…