This section contains the nature of the case and procedural background.

P violations of international law committed by D conducting mining activities abroad in the Pacific Rim. P is a resident of Tamika, Irian Jaya within the Republic of Indonesia. P filed a complaint against D in federal district court in the Eastern District of Louisiana for alleged violations of international law. P invoked jurisdiction under 28 U.S.C. § 1332, the Alien Tort Statute, 28 U.S.C. § 1350, and the Torture Victim Protection Act of 1991. P alleged environmental abuses, human rights violations, and cultural genocide. P alleged that D's mining operations had caused harm and injury to the Amungme's environment and habitat. D moved to dismiss the claims under Rule 12(b)(6). The district court dismissed with instructions for P to amend his complaint to state more specifically his claims of genocide and individual human rights violations. It later granted D's motion to strike the Second Amended Complaint because P inappropriately attempted to add third parties. It granted D's motion to strike P's Third Amended Complaint and dismissed his claims with prejudice. P appealed.

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