Cesar Caballero v. United States

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 22 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CESAR CABALLERO; MIWOK NATION No. 20-17356 (TRIBE), D.C. No. Plaintiffs-Appellants, 2:20-cv-00866-KJM-AC

v.

MEMORANDUM*

UNITED STATES OF AMERICA,

Defendant-Appellee,

and

LAND SITUATED IN THE STATE OF

CALIFORNIA, COUNTY OF EL

DORADO, DESCRIBED AS FOLLOWS:

A PORTION OF THE SOUTHWEST OF

SECTION 29, TOWNSHIP 10 NORTH,

RANGE 10 EAST, M.D.B.& M.,; et al.,

Defendants,

v.

SHINGLE SPRINGS BAND OF MIWOK

INDIANS,

Movant-Intervenor.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, Chief District Judge, Presiding

Submitted October 20, 2021** San Francisco, California

Before: WATFORD and HURWITZ, Circuit Judges, and BAKER,*** International Trade Judge.

This action under the Quiet Title Act, 28 U.S.C. § 2409a(a), by Cesar

Caballero concerns land that the United States holds in trust for…