VOLK v. HOBSON

No. 88-1497.

866 F.2d 1398 (1989)

Judith VOLK, Plaintiff-Appellant, v. Dottie HOBSON, Eugene Charley, Timothy Clani, Bureau of Indian Affairs and Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 7, 1989.


Attorney(s) appearing for the Case

Judith Volk, Rushville, Neb., pro se.

John S. Koppel, Dept. of Justice, Washington, D.C., for defendants-appellees. With him on the brief were John R. Bolton, Asst. Atty. Gen., Stephen M. McNamee, U.S. Atty. and Barbara L. Herwig.

Before FRIEDMAN and MAYER, Circuit Judges, and BALDWIN, Senior Circuit Judge.


OPINION

MAYER, Circuit Judge.

Judith Volk appeals the judgment of the United States District Court for the District of Arizona, No. 84-2418, holding that a private cause of action cannot be implied under 25 U.S.C. § 2011(e)(1)(B), and that Volk is precluded from maintaining a Bivens action because she failed timely to exhaust administrative remedies. We affirm the judgment, but for different reasons.

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