Civil lawsuit

[rights]

What is the name of your state (only U.S. law)? California, federal

Scenario, the district court dismissed my civil rights complaint against government officials before they were served. Appeal was taken to the appellate court. The appellate court issues an order for me to show cause why the trial courts order should not be summarily affirmed and I responded.

should I expect for the government defendants to respond to my claims ? eventhough government defendants are not party to appeal?

 

[las365]

eventhough government defendants are not party to appeal?

Do you mean that you think the Defendants are not parties to the Appeal? Did you fail to serve them again when you filed the Appeal?

Or are you asking if they have a right to file a response with the appellate court even though they are not the ones who filed the appeal? The answer to that is yes, they can.

 

[rights]

I mean since "the district court dismissed my civil rights complaint against government officials before they were served" no defendants exist. However, since claims involves government officials. Is the government required to respond to my response to the courts order, at least where it embraces the trial courts order aa true and correct grounded in fact and law. . . . .etc. .

 

[tranquility]

If you have an order to show cause, you have a problem. You are about to lose and may have sanctions against you. There will not be a substantive response from the government until and unless you win your appeal. By the way the order was worded, you probably won't.

Did you do this pro per?

 

[rights]

[/If you have an order to show cause, you have a problem. You are about to lose and may have sanctions against you. There will not be a substantive response from the government until and unless you win your appeal. By the way the order was worded, you probably won't.

Did you do this pro per? .]

Yes I did file pro-per: and I believe my case represente the exception to the rule and, which I pleaded that my appeals should not be summarily affirmed but reviewed in my show cause.

What you are saying that the government will not respond unless I win my appeal wouldn’t that defeat the appeal process for the government to respond (if) after appeal is won?? Wouldn’t it be too late to respond after appeal is won????.
By the way the order gave the government a time frame in-which they (the word used was) “may” file a response to my response. That was the reason why I asked. If they were required since I was claiming an exception to an established rule.

 

[HomeGuru]

What is the name of your state (only U.S. law)? California, federal

Scenario, the district court dismissed my civil rights complaint against government officials before they were served. Appeal was taken to the appellate court. The appellate court issues an order for me to show cause why the trial courts order should not be summarily affirmed and I responded.

should I expect for the government defendants to respond to my claims ? eventhough government defendants are not party to appeal?

**A: why did you not have the ACLU or other civil rights group represent you?

 

[rights]

Although civil rights are involved not all actions are taken by these civil rights groups.

 

[tranquility]

I believe my case represente the exception to the rule

The trial court did not and, from the order, I think the appellate court agrees.

which I pleaded that my appeals should not be summarily affirmed but reviewed in my show cause

Hmm. You better have a heck of a record to refer to.

What you are saying that the government will not respond unless I win my appeal wouldn’t that defeat the appeal process for the government to respond (if) after appeal is won??

The governement already won. They will not substantively respond unless you win with the appellate court on the order to show cause. Then, they may reply to your appeal. If you win on the appeal, THEN they may address your factual issues.

By the way the order gave the government a time frame in-which they (the word used was) “may” file a response to my response.

Yes, they could, but they won't. They won't spend the resources on something which seems frivolous until the court forces them to address it. If there is a response, it will be a canned one done with a mail merge-type program for similar situations.

If they were required since I was claiming an exception to an established rule.

You are not going to make new law. If your goal is an exception to the established rule, your appeal may result in sanctions against you.

 

[rights]

The governement already won. They will not substantively respond unless you win with the appellate court on the order to show cause.

what's the normal time frame to findout if I survived the order to show cause. How long should I expect before i hear word from the appellate court (give or take).

 

[tranquility]

I have no idea. Do you have a PACER account? If not, you should sign up for one and you can check regularly.

 

[rights]

Thanks for your legal input on my question, no round ball park figure even?

 

[HomeGuru]

Thanks for your legal input on my question, no round ball park figure even?

**A: we have no idea what specific claims you have.

 

[tranquility]

Or, why you will (most probably) have the appeal dismissed. My guess:

1. Statutory jurisdictional bars
2. Inadequate record
3. Briefing defects
4. Failure to comply with court orders
5. Frivolous appeals

I'd bet you will be in violation of #5 if there is precedent in the 9th circut against you. Then, it could be considered "wholly without merit." But, if the Supreme Court hasn't spoken on it it may not be frivolous. Those are the things you are trying to show in the order to show cause. No ninth circut authority or no Supreme Court authority on the matter you are appealing. Or, you could be hoping for something along the lines of In re Holm, 931 F2d 620 (9th Cir. 1991) or Barrus v. Sylvania, 55 F3d 468 (9th Cir. 1995).

Only an federal appellate lawyer would have the experience to know how quickly the staff lawyer would present your appeal and the time it would take for decision. There aren't any on this forum as far as I can tell.

 

[rights]

You could say thatthe anolgy is similar to In re Holm, 931 F2d 620 (9th Cir. 1991) or Barrus v. Sylvania, 55 F3d 468 (9th Cir. 1995)(“ Even in the face of precedent, [litigants are] entitled to make a good faith argument for reconsideration of existing law. Id”) except that my good faith argument leans more towards "if existing law is applied to me, it will leave me remediless under the circumstances that I presented to the court of appeals. Therefore the court should consider my appeal the narrow exception to the rule. Lastly, there are several reasons why your concerns of sanctions are unwarranted in my case, good faith argument is one of them.

The reason I asked my questions is that I thought that an attorney may use their experiences in a good faith argument for an exception to the rule argument at the court of appeals,

 

[HomeGuru]

You could say thatthe anolgy is similar to In re Holm, 931 F2d 620 (9th Cir. 1991) or Barrus v. Sylvania, 55 F3d 468 (9th Cir. 1995)(“ Even in the face of precedent, [litigants are] entitled to make a good faith argument for reconsideration of existing law. Id”) except that my good faith argument leans more towards "if existing law is applied to me, it will leave me remediless under the circumstances that I presented to the court of appeals. Therefore the court should consider my appeal the narrow exception to the rule. Lastly, there are several reasons why your concerns of sanctions are unwarranted in my case, good faith argument is one of them.

The reason I asked my questions is that I thought that an attorney may use their experiences in a good faith argument for an exception to the rule argument at the court of appeals,

**A: you have said nothing and gave not answered my post.