Franz Wakefield v. Apple, Inc., et al

Filing 5

Order filed (RICHARD R. CLIFTON, JAY S. BYBEE and SANDRA S. IKUTA) A review of the record and the response to the August 5, 2010 order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See Denton v. Hernandez, 504 U.S. 25, 32 (1992) (affirming dismissal as frivolous of clearly baseless factual contentions); see also United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard for summary disposition). Accordingly, we summarily affirm the district court’s judgment. AFFIRMED. [7472756] (WL)

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FILED UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FRANZ A. WAKEFIELD, Plaintiff - Appellant, v. SEP 14 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS No. 10-16550 D.C. No. 5:09-cv-05420-JW Northern District of California, San Jose APPLE, INC.; et al., ORDER Defendants - Appellees. Before: CLIFTON, BYBEE and IKUTA, Circuit Judges. A review of the record and the response to the August 5, 2010 order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See Denton v. Hernandez, 504 U.S. 25, 32 (1992) (affirming dismissal as frivolous of clearly baseless factual contentions); see also United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard for summary disposition). Accordingly, we summarily affirm the district court’s judgment. AFFIRMED. SVG/Pro Se

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