R. J. Beaber, et al v. Shirley N. Weber

Filing 36

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)

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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 FILED SEP 8 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS A. W. CLARK, No. 21-55930 Plaintiff-Appellant, v. SHIRLEY WEBER, as California Secretary of State, D.C. No. 2:21-cv-06558-MWF-KS Central District of California, Los Angeles ORDER Defendant-Appellee. 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 LCC/MOATT 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. LCC/MOATT 2 21-55930

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