Jones

Jones v. United States

Good Law
121 F.3d 1327·97 Daily Journal DAR 10404·1997 WL 450664·28 Envtl. L. Rep. (Envtl. Law Inst.) 20112·1997 U.S. App. LEXIS 21137
United States Court of Appeals for the Ninth CircuitAugust 11, 1997No. 96-16457California2,462 words

Opinion

Lead Opinion

Tashima, J.

I. Overview

Plaintiffs are former holders of an unpatented mining claim on federally-owned land. The Interior Board of Land Appeals affirmed the decision of the Bureau of Land Management (“BLM”) holding that their claim was voided by operation of law. Plaintiffs challenged that decision in the district court on constitutional grounds. The district court granted summary judgment in favor of the government and plaintiffs timely appealed. We review de novo the district court’s grant of summary judgment. King v. AC & R Advertising, 65 F.3d 764, 767 (9th Cir. 1995). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Plaintiff William E. Jones (“Jones”) 1 first argues that his procedural due process rights were violated because the government did not afford him a reasonable opportunity to familiarize himself, and comply with, the pro *1329 visions of a statute which assertedly operated to deprive him of his unpatented mining claim. Jones also asserts, for the first time on appeal, that his equal protection rights were violated when the government provided individual notices of the statute’s requirements to all other similarly situated holders of unpatented mining claims, but…

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