R. J. Beaber, et al v. Shirley N. Weber
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 31 filed by A. W. Clark. CCA # 21-55930. The motion for leave to file an amicus curiae brief in opposition to appellant's emergency petition is granted. The emergency petition for writ of mandamus is denied. Appellant's August 29, 2021 filing seeks injunctive relief pending resolution of this appeal, the request is denied. [See document for more complete details.](mat)
Case 2:21-cv-06558-MWF-KS Document 36 Filed 09/08/21 Page 1 of 2 Page ID #:286
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SEP 8 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
A. W. CLARK,
SHIRLEY WEBER, as California Secretary
D.C. No. 2:21-cv-06558-MWF-KS
Central District of California,
Before: HAWKINS, WATFORD, and LEE, Circuit Judges.
The motion for leave to file an amicus curiae brief (Docket Entry No. 7-1) in
opposition to appellant’s emergency petition is granted. The Clerk will file the
amicus curiae brief located at Docket Entry No. 7-2.
The emergency petition for writ of mandamus (Docket Entry No. 3) is
denied. Appellant has not shown that the challenged order is clearly erroneous as a
matter of law and thus fails to demonstrate that the extraordinary remedy of
mandamus is warranted. See Bauman v. U.S. Dist. Court, 557 F.2d 650, 654-56
(9th Cir. 1977) (discussing guidelines for issuing mandamus relief).
To the extent appellant’s August 29, 2021 filing seeks injunctive relief
pending resolution of this appeal, the request is denied. See Winter v. Nat. Res.
Def. Council, Inc., 555 U.S. 7, 20 (2008) (stating standard). Appellant has not
Case 2:21-cv-06558-MWF-KS Document 36 Filed 09/08/21 Page 2 of 2 Page ID #:287
shown that any of the Winter factors weighs in favor of granting injunctive relief
pending the adjudication of the merits of this appeal.
The opening brief and excerpts of record have been filed. The answering
brief is due September 27, 2021; appellant’s optional reply brief is due within 21
days after service of the answering brief. See 9th Cir. R. 3-3.
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