Narrative Opinion Summary
Scott A. Wood appeals the dismissal of his 42 U.S.C. § 1983 action by the district court, which was based on a failure to state a claim regarding the constitutionality of Thurston County Local Rule 80(4). This rule requires that oral court decisions, when transcribed, be submitted to the judge for corrections before the transcript is finalized. The appeal is reviewed de novo under 28 U.S.C. § 1291, and the court affirms the dismissal. The decision is not designated for publication and cannot be cited in future cases, as per Ninth Circuit Rule 36-3.
Legal Issues Addressed
Constitutionality of Local Court Rulessubscribe to see similar legal issues
Application: The court evaluates the constitutionality of Thurston County Local Rule 80(4) which mandates that transcribed oral court decisions be submitted to the judge for corrections before finalization.
Reasoning: Scott A. Wood appeals the dismissal of his 42 U.S.C. § 1983 action by the district court, which was based on a failure to state a claim regarding the constitutionality of Thurston County Local Rule 80(4).
Non-Citation of Unpublished Decisionssubscribe to see similar legal issues
Application: The decision in this case is designated as unpublished and therefore cannot be cited in future cases, in accordance with Ninth Circuit Rule 36-3.
Reasoning: The decision is not designated for publication and cannot be cited in future cases, as per Ninth Circuit Rule 36-3.
Review Standard under 28 U.S.C. § 1291subscribe to see similar legal issues
Application: The court reviews the dismissal of the 42 U.S.C. § 1983 action de novo, which means the appellate court considers the matter anew, as if it had not been heard before and as if no decision previously had been rendered.
Reasoning: The appeal is reviewed de novo under 28 U.S.C. § 1291, and the court affirms the dismissal.