Free Order - District Court of Colorado - Colorado

Case 1:04-cv-01382-ZLW-KLM

Document 47

Filed 07/20/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk

Civil Action No. 04-cv-01382-ZLW-PAC KENNETH E. PEPER, Plaintiff, v. DEPARTMENT OF AGRICULTURE OF THE UNITED STATES OF AMERICA; MIKE JOHANNS, Secretary in his official capacity; FOREST SERVICE OF THE UNITED STATES OF AMERICA; and DALE BOSWORTH, as Chief in his official capacity, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ This matter was before the Court on July 8, 2007, for oral argument on (1) Defendants' Notification That The Administrative Process Is Complete And Request That Plaintiff's Remaining Claim Be Dismissed, and (2) Plaintiff's Response And Objection To The Defendants' Notification That The Administrative Process Is Complete And Request That Plaintiff's Remaining Claim Be Dismissed. The Court heard the arguments and statements of counsel, and made oral conclusions of law which are incorporated herein by reference as if fully set forth. Accordingly, it is ORDERED that Defendants' Request That Plaintiff's Remaining Claim Be Dismissed (Doc. No. 37) is granted. It is

Case 1:04-cv-01382-ZLW-KLM

Document 47

Filed 07/20/2007

Page 2 of 2

FURTHER ORDERED that Plaintiff's Objection To The Defendants' Notification That The Administrative Process Is Complete And Request That Plaintiff's Remaining Claim Be Dismissed (Doc. No. 42) is overruled. It is FURTHER ORDERED that Plaintiff's claim under the Alaskan National Interest Land Conservation Act (ANILCA)1 is dismissed. It is FURTHER ORDERED that Plaintiff may file an Amended Complaint on or before September 18, 2007, setting forth a claim for review of the agency decision under the Administrative Procedure Act (APA),2 which then shall be the only claim at issue in this case. The Court thereafter will enter judgment on Plaintiff's dismissed claims pursuant to Fed. R. Civ. P. 54(b). DATED at Denver, Colorado, this 19 day of July, 2007.

BY THE COURT:

________________________________ ZITA L. WEINSHIENK, Senior Judge United States District Court

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See 16 U.S.C. § 3210 (2000); 36 C.F.R. § 251.54. 5 U.S.C. §§ 701-706.

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