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MILLS v. U.S.

No. 12-35589.

742 F.3d 400 (2014)

Carey Clayton MILLS, Plaintiff-Appellant, v. UNITED STATES of America; Sally Jewell, Secretary of the Department of the Interior; Julia Dougan, Acting State Director, Alaska State Office; Mark Fullmer, Supervisor Land Transfer Specialist, Division of Land Alaska State Office; Robert W. Schneider, District Manager, Fairbanks District Office; Lenore Hepler, Field Manager, Eastern Interior Field Office; Scott Wood; Doyon Limited; Hungwitchin Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2014.

Attorney(s) appearing for the Case

Carey Mills, San Antonio, TX, (argued), pro se Plaintiff-Appellant.

Ignacia S. Moreno , Assistant Attorney General, Dean K. Dunsmore , Mark R. Haag , and Robert P. Stockman (argued), Attorneys, Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C., for Federal Defendants-Appellees.

James D. Linxwiler (argued) and Josh Van Gorkom , Guess & Rudd P.C., Anchorage, AK, for Defendant-Appellee Doyon, Limited.

Before: ALEX KOZINSKI, Chief Judge, and MARSHA S. BERZON and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

This appeal raises the question whether an individual seeking access to his state mining claims over real property owned by the federal government and third parties can bring an action asserting a right-of-way over such real property. We conclude that Mills's claims against the federal government are barred by sovereign immunity, but that the district court erred in concluding that his claims against Doyon Limited and Hungwitchin...

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