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Descendents v. Henderson

United States District Court, D. North Dakota

May 11, 2016

Chief Mad Bear Lineal Descendants, et. al., Jeff McLaughlin, Sr., Plaintiffs,
v.
Col. John Henderson, P.E. Distr. Cmdr, et. al, Defendants.

ORDER AND REPORT AND RECOMMENDATION

Charles S. Miller, Jr., Magistrate Judge

Before the court is an “Application to Proceed In Forma Pauperis without Prepaying Fees or Costs” filed by Jeff McLaughlin, Sr. (“McLaughlin”) on April 25, 2016. Attached to the application is a proposed complaint. For the reasons set forth below, the undersigned grants the application and directs the Clerk’s office to file the complaint. Additionally, the undersigned recommends that the court dismiss this action pursuant to 28 U.S.C. § 1915(e)(2) for failure to state a cognizable claim.

I. BACKGROUND

McLaughin seeks leave to initiate the above entitled action in forma pauperis. In his proposed complaint, he asserts ownership of the Missouri River and surrounding lands on behalf of Chief Mad Bear’s lineal descendants, objects to implementation of the Pick-Sloan Plan and by extension the U.S. Army Corps of Engineers’ management of the Missouri River system, [1] and requests that the court temporarily enjoin construction of the Dakota Access Pipeline (“DAP”)[2]pending a hearing to address “environmental injustices.” Specifically, he asserts:

The Previous 16 years, the Chief Mad Bear lineal descendants have tried to resolve the environmental injustice of the first man-made disaster from the 1944 Pick Sloan Act. The predecessors of the A.C.O.E. John Henderson were authorized to the 6 dams in the Missouri River.
Now, 60 years later, both the (B.I.A.) Bureau of Indian Affairs, (SRST) Standing Rock Sioux Tribe have denied the Chief Mad Bear lineal descendants et. al. Their just compensation and basic necessities of a rehabilitation programs. Including but not limited to A.C.O.E. (P.L. 85-915 & P.L. 102-575).
In resolving these issues, the ACOE, DAPL/ETP et. al. This federal temp. rest. order would justiciable rectify the irreparable harm that has been caused by their previous decisions to the people of this area and the Missouri River.
* * *
The Chief Mad Bear lineal descendants et. al are invoking their inherent right to the Missouri River and the surrounding lands. Which encompasses the 1851 and 1868 Treaty’s at Fort Laramie, WY. Therefore, the present, Army Corps of Engineers (ACOE); Dakota Access Pipeline Energy Transfer (DAPL) LLC Partners (EP), have no authority to trespass on the aboriginal lands and the Missouri River that owenership belongs to the Sioux Nation. The irreparable harm and environmental damage caused by the 1944 Pick Sloan Act
The previous 16 years, the Chief Mad Bear lineal descendants have tried to resolve the environmental injustice to the Missouri River and lands. In August 2015, the Standing Rock Sioux Tribal Court in Fort Yates, N.D. has decided against the Chief Mad Bear lineal descendants et. al. and later filed in Standing Rock Sioux Supreme Court. January 2016. Which upheld the lower court decision. Thus, exhausting any and all remedies. The Chief Mad Bear lineal descendants et. al. Are hereby seeking justice in the Federal Court level.
* * *
Requesting a federal temporary restraining order stopping the Dakota Access pipeline from building, constructing any oil pipeline. And the Army Corps of Engineers from deciding to issuing a permit for this project. Cease and desist if applicable until a court date is set to resolving the first man made disaster 1944 Pick Sloan Act/project.

(Docket No. 1-1) (errors in ...


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