WOLFGANG NEBMAIER V. JOSEPHINE COUNTY, No. 18-35743 (9th Cir. 2019)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FEB 25 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT WOLFGANG NEBMAIER, Plaintiff-Appellant, No. U.S. COURT OF APPEALS 18-35743 D.C. No. 1:18-cv-01258-MC v. MEMORANDUM* JOSEPHINE COUNTY, a political entity in the State of Oregon along with all related regulatory entities, past or present, engaged in the violation of 7:301, the Morrill Act of July 2nd, 1862. (in the following “Josephine County”), Defendant-Appellee. Appeal from the United States District Court for the District of Oregon Michael J. McShane, District Judge, Presiding Submitted February 19, 2018** Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges. Wolfgang Nebmaier appeals pro se from the district court’s judgment dismissing his action alleging claims under the Morrill Act of 1862, 7 U.S.C. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). § 301. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)). We affirm. The district court properly dismissed Nebmaier’s action because the Morrill Act of 1862 does not provide a private right of action. See UFCW Local 1500 Pension Fund v. Mayer, 895 F.3d 695, 698-99 (9th Cir. 2018) (setting forth circumstances under which the court may interpret a private right of action, and explaining that a private right of action requires evidence of a congressional intent to create a private right and a private remedy). Nebmaier’s request to strike defendant’s answering brief, set forth in his reply brief, is denied. Defendant’s pending motion (Docket Entry No. 15) is denied. AFFIRMED. 2 18-35743

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