Bwd Properties 2, LLC v. Bobby Franklin

MEMORANDUM

Bobby Len Franklin and Robert Lee Franklin appeal pro se from the district court’s judgment dismissing their third-party complaint against the United States, granting summary judgment in favor of BWD Properties 2, 3, and 4 (“BWD”), and permanently enjoining the Franklins from clouding title to certain lands in Nevada. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court properly dismissed the third-party claims against the United States because the Franklins failed to exhaust the required administrative procedures and the district court therefore lacked subject matter jurisdiction. See Doria Mining and Eng’g Corp. v. Morton, 608 F.2d 1255, 1257 (9th Cir.1979) (“When the regulations governing an administrative decision-making body require that a party exhaust its administrative remedies prior to seeking judicial review, the party must do so before the administrative decision may be considered final and the district court may properly assume jurisdiction.”); United States v. Alisal Water Corp., 431 F.3d 643 , 650 (9th Cir.2005) (stating de novo standard of review). We previously rejected the Franklins’ contentions regarding the Confirmation…