Free In Court Hearing - District Court of Colorado - Colorado

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

Document 48

Filed 07/20/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk July 18, 2007 Darlene Martinez, Court Reporter Valeri P. Barnes, Deputy Clerk 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.

Kenneth Peper, pro se.

Roxane Perruso

COURTROOM MINUTES Hearing on Defendants' Notification That The Administrative Process Is Complete And Request That Plaintiff's Remaining Claim Be Dismissed (37) And Plaintiff's Response And Objection To Defendants' Notification That The Administrative Process Is Complete And Request That Plaintiff's Remaining Claim Be Dismissed (42). 2:04 p.m. Court in session.

Also present: Helena Jones-Siddle, attorney for U.S. Department of Agriculture; Christine Walsh, District Ranger, Boulder Ranger District; and Mike Johnson, Lands and Minerals Specialist. Argument.

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

Document 48

Filed 07/20/2007

Page 2 of 2

ORDERED: Plaintiff's claim under the ANILCA is dismissed. ORDERED: Plaintiff may file an Amended Complaint asserting a claim for review of the agency decision under the Administrative Procedure Act on or before September 18, 2007. ORDERED: The Court will enter Judgment on the dismissed claims pursuant to Fed. R. Civ. P. 54(b) after Plaintiff files his Amended Complaint. Exhibits: 4:09 p.m. Defendants' 1, 2, 3, 4, 5, 6. Court in recess/hearing concluded.

Total in-court time: 2:05

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