Samuel Kent v. Darryl Lacounte

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 8 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SAMUEL JAMES KENT, No. 22-70013

Petitioner, DOI No. OI-PI-21-0685-I

v.

DARRYL LACOUNTE, Director of the MEMORANDUM* United States Bureau of Indian Affairs; DEB HAALAND, Secretary of the United States Department of the Interior; BUREAU

OF INDIAN AFFAIRS; U.S.

DEPARTMENT OF THE INTERIOR,

Respondents.

On Petition for Review of an Order of the Department of Interior

Argued and Submitted March 11, 2024 San Francisco, California

Before: S. R. THOMAS, McKEOWN, and CHRISTEN, Circuit Judges.

Samuel Kent petitions for review of the Bureau of Indian Affairs’ (BIA)

order denying his whistleblower retaliation complaint filed pursuant to 41 U.S.C.

§ 4712(c). The BIA’s order concluded that, “[u]pon legal review, it is clear that

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. U.S.C. § 4712 does not apply to Indian Self-Determination and Education

Assistance Act…