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SCHMIER v. U.S. COURT OF APPEALS, NINTH CIRCUIT

No. C-00-4076 VRW.

136 F.Supp.2d 1048 (2001)

Michael SCHMIER, Plaintiff/Petitioner, v. UNITED STATES COURT OF APPEALS for the NINTH CIRCUIT, et al., Defendants/Respondents.

United States District Court, N.D. California.

March 23, 2001.

Attorney(s) appearing for the Case

Kenneth J Schmier, Emeryville, CA, for plaintiff.

Thomas W. Millet, Department of Justice, Civil Div., Washington, DC, Jocelyn Burton, U.S. Attorney's Office, San Francisco, CA, for defendants.

ORDER

WALKER, District Judge.

In this action against the United States Court of Appeals for the Ninth Circuit and the Judicial Council of the Ninth Circuit (defendants), plaintiff and petitioner Michael Schmier challenges the validity of Ninth Circuit Rules 36-3 and 36-4, which govern the effect of unpublished opinions, whether they may be cited to or by the courts of this circuit and the process for requesting publication of such dispositions. Schmier seeks...

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