The U.S. Court of Appeals for the Ninth Circuit has rejected the lawsuit filed by a Russian national against the Federal Emergency Management Agency and affirmed the U.S District Court for the NMI’s ruling to dismiss the lawsuit.
Ninth Circuit judges rejected Nassir Nazarovich Kourbanov’s appeal, a Russian national also known as Milan Frank Fargo, stating that it was meritless.
“The district court properly dismissed as moot Fargo’s claim arising from FEMA’s recoupment efforts because FEMA agreed to cease recoupment efforts. The district court properly dismissed Fargo’s remaining claims for lack of subject matter jurisdiction because the Stafford Act precludes judicial review of FEMA’s discretionary actions when performing its duties. The district court did not abuse its discretion in denying Fargo’s motion for reconsideration because Fargo failed to establish any basis for relief,” the order stated.
The court also rejected Fargo’s contention that he was entitled to a jury trial and that the district court was biased against him.
According to the lawsuit, Fargo sued FEMA for finding him ineligible for some or all of the FEMA funds provided to island residents after Typhoon Soudelor struck Saipan in 2015.
District Court for the NMI Chief Judge Ramona V. Manglona dismissed with prejudice all claims, except one, in Fargo’s lawsuit against FEMA.
Manglona found that Fargo had stated a claim on which relief might be granted, but only as to FEMA’s determination that he was ineligible for disaster assistance after Typhoon Soudelor.