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Brenden v. Sellen Construction

Citation: 184 F. App'x 628Docket: No. 05-35606

Court: Court of Appeals for the Ninth Circuit; June 9, 2006; Federal Appellate Court

Narrative Opinion Summary

The court has reviewed the record and the appellant’s responses to the order to show cause, concluding that the issues raised in this appeal lack sufficient substance to warrant further argument. Citing the precedent set in United States v. Hooton, the court summarily affirms the district court’s judgment. All pending motions have been denied as moot. The decision is not suitable for publication and cannot be cited in future cases within this circuit, as per 9th Cir. R. 36-3.

Legal Issues Addressed

Mootness of Pending Motions

Application: All motions pending at the time of the appellate court's decision were dismissed as they were rendered moot by the summary affirmation.

Reasoning: All pending motions have been denied as moot.

Non-Citability of Unpublished Decisions

Application: The court's decision is not published and cannot be cited in future cases within the circuit, following the rules of the Ninth Circuit.

Reasoning: The decision is not suitable for publication and cannot be cited in future cases within this circuit, as per 9th Cir. R. 36-3.

Precedential Authority in Summary Affirmation

Application: The judgment was affirmed by the appellate court based on established precedent, specifically referring to the decision in United States v. Hooton.

Reasoning: Citing the precedent set in United States v. Hooton, the court summarily affirms the district court’s judgment.

Summary Affirmation of Judgment

Application: The court determined that the appellant's issues on appeal did not justify further argument and therefore affirmed the district court’s judgment without a detailed opinion.

Reasoning: The court has reviewed the record and the appellant’s responses to the order to show cause, concluding that the issues raised in this appeal lack sufficient substance to warrant further argument.