Moss J. Witt, an American Citizen of Choctaw Indian Descent v. The United States of America the Secretary of Interior the U. S. Commissioner of Indian Affairs the Attorney General of the United States, Jackie Laverne Jarman, a Cherokee Indian Citizen v. The United States of America

681 F.2d 1144 Moss J. WITT, an American Citizen of Choctaw Indian Descent, Plaintiff-Appellant, v. The UNITED STATES of America; The Secretary of Interior; The U. S. Commissioner of Indian Affairs; The Attorney General of the United States, Defendants-Appellees. Jackie Laverne JARMAN, a Cherokee Indian Citizen, Plaintiff-Appellant, v. The UNITED STATES of America, Defendant-Appellee. Nos. 81-5147, 81-5260. United States Court of Appeals, Ninth Circuit. Submitted March 3, 1982. Decided July 20, 1982. Moss J. Witt, Jackie L. Jarman, Noble, Okl., for plaintiff-appellant. Brian L. Sullivan, Las Vegas, Nev., Laura Frossard, Washington, D. C., for defendants-appellees. Appeal from the United States District Court for the District of Nevada. Before SNEED, POOLE, and BOOCHEVER, Circuit Judges. BOOCHEVER, Circuit Judge: 1 This consolidated appeal involves entitlement to Indian land allotments under Section Four of the General Allotment Act of 1887 (the Act), 25 U.S.C. § 334 . At issue is the requirement of acquiring an eligibility certificate indicating that an ancestor was enrolled by the Dawes Commission. Additionally, we are confronted with the propriety of dismissing a pro se…