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Elwood-Garza v. Antolik

Citation: 164 F. App'x 637Docket: No. 05-55939

Court: Court of Appeals for the Ninth Circuit; January 26, 2006; Federal Appellate Court

Narrative Opinion Summary

The Clerk is directed to file several documents: the appellant’s opening brief and motion for appointment of counsel, both received on August 3, 2005; the amended proof of service received on August 5, 2005; and a letter received on September 26, 2005. A review of these submissions, along with the record and the appellant's response to the October 19, 2005 order to show cause, reveals that the issues raised in the appeal lack substantial merit and do not warrant further argument, referencing the precedent set in United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982). Consequently, the district court’s judgment is summarily affirmed. This decision is not intended for publication and cannot be cited in future cases, per 9th Cir. R. 36-3.

Legal Issues Addressed

Filing and Review of Appellant's Documents

Application: The court directed the filing of multiple documents submitted by the appellant and reviewed them along with the record to assess the merit of the appeal.

Reasoning: The Clerk is directed to file several documents: the appellant’s opening brief and motion for appointment of counsel, both received on August 3, 2005; the amended proof of service received on August 5, 2005; and a letter received on September 26, 2005.

Non-Citation of Unpublished Decisions

Application: The court's decision is not intended for publication and is restricted from being cited in future cases according to the applicable circuit rules.

Reasoning: This decision is not intended for publication and cannot be cited in future cases, per 9th Cir. R. 36-3.

Summary Affirmation of District Court Judgment

Application: The court summarily affirmed the district court's judgment after determining that the appellant's issues lacked substantial merit, referencing established precedent.

Reasoning: A review of these submissions, along with the record and the appellant's response to the October 19, 2005 order to show cause, reveals that the issues raised in the appeal lack substantial merit and do not warrant further argument, referencing the precedent set in United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982).