Court of Appeals for the Ninth Circuit October 26, 2007, Nos. 06-35185, 06-35241 (United States v. Washington)

MEMORANDUM **

This case is remanded to the district court. A 12(b)(6) dismissal is not appropriate. The district court failed to make any determination on whether it has continuing jurisdiction and on what ground. The jurisdictional basis is not self-evident; it is necessarily linked to the nature of the claim being asserted.