8/27/2020 National Indian Law Library (NILL) Assuming Goodface’s allegations are true, she has some legitimate complaints against the Election Board. These complaints, however, are not the kind that may be resolved by a federal court. Federal courts have limited jurisdiction and may only decide those cases which the Constitution and statutes authorize them to decide. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Federal Rule of Civil Procedure 12(h)(3) allows district courts to dismiss a complaint sua sponte before service when it is “evident” that the court lacks subject matter jurisdiction. Evans v. Suter, No. 09-5242, 2010 WL 1632902, at *1 (D.C. Cir. Apr. 2, 2010) (per curiam). This is such a case. Goodface alleges that this Court has federal question jurisdiction1 over her complaint under the Indian Civil Rights Act (ICRA). Doc. 1 at 1, 5. In Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978), however, the Supreme Court held that ICRA did not create a cause of action to enforce its civil rights guarantees. Id. at 69–70. Instead, the only federal relief available under ICRA is the habeas corpus provision of 25 U.S.C. § 1303. Runs After v. United States, 766 F.2d 347, 353 (8th Cir. 1985) (“[D]espite the substantive guarantees of certain constitutional rights contained in the ICRA, the only federal relief available under [ICRA] is a writ of habeas corpus, and thus actions seeking other sorts of relief for tribal deprivations of rights must be resolved through tribal forums.�� (cleaned up and citations omitted)); U.S. ex Re. Kishell v. Turtle Mountain Hous. Auth., 816 F.2d 1273, 1276 (8th Cir. 1987) (explaining that a federal court has no jurisdiction to enjoin violations of ICRA or to award damages for a violation of it). Goodface does not claim that she is entitled to relief under ICRA’s habeas provision, and such a claim would fail even if she had. Lewis v. White Mountain Apache Tribe, No. CV-12-8073-PCT-SRB (DKD), 2013 WL 510111, at *4–6 (D. Ariz. Jan. 24, 2013) (holding that the court lacked subject matter jurisdiction to hear plaintiff’s claim under 25 U.S.C. § 1303 that tribe and its members had deprived him of his liberty to run for tribal council). And while Goodface’s complaint refers to her Constitutional rights to due process and equal protection, the Equal Protection and Due Process Clauses do not apply to tribal governments and cannot provide federal question jurisdiction for Goodface’s complaint. Santa Clara Pueblo, 436 U.S. at 55–56; Sac & Fox Tribe of the Mississippi in Iowa. Election Bd. v. BIA, 439 F.3d 832, 835 (8th Cir. 2006) (explaining that federal courts will exercise jurisdiction over cases involving tribal affairs “only when federal law is determinative of the issues involved”); see also Sac & Fox Tribe, 439 F.3d at 835 (explaining that jurisdiction to resolve election disputes between competing tribal councils and to interpret tribal constitutions and laws “lies with Indian tribes and not in the district courts” (citation omitted)). Because it is evident that this Court lacks jurisdiction over Goodface’s complaint, dismissal under Rule 12(h)(3) is appropriate. Accordingly, it is hereby ORDERED that Goodface’s Complaint, Doc. 1, is dismissed for lack of jurisdiction. It is further ORDERED that Goodface’s Motion to Appoint Counsel, Doc. 3, is denied as moot. DATED this 25th day of August, 2020. All Citations Slip Copy, 2020 WL 5017352 Footnotes https://www.narf.org/nill/bulletins/federal/documents/goodface_v_lowerbrule.html 2/3

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