THE U.S. Court of Appeals for the Ninth Circuit has rejected Nassir Nazarovich Kourbanov’s appeal, saying it is meritless, and affirmed the ruling of the District Court for the NMI, which dismissed his lawsuit against the Federal Emergency Management Agency.
A Russian national, Kourbanov, who is also known as Milan Frank Fargo, represented himself.
Ninth Circuit Judges Richard Paez, Jacqueline Nguyen and John Owens, in a seven-page order, said, “the district court properly dismissed as moot Fargo’s claim arising from FEMA’s recoupment efforts because FEMA agreed to cease recoupment efforts.”
The judges added, “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 under the Act. See 42 U.S.C. § 5148 (‘The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this chapter.’)”
Moreover, the “district court did not abuse its discretion in denying Fargo’s motion for reconsideration because Fargo failed to establish any basis for relief.”
According to the judges, “We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. We do not consider documents not presented to the district court.”
The judges rejected Fargo’s contention that he was entitled to a jury trial and that the district court was biased against him.
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.
Judge 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.
Fargo, who is in his mid-60s, earlier sued the Department of Homeland Security to compel DHS to issue him immigration documents.
Fargo was placed on removal proceedings in Sept. 2016.
