Baird v. Becerra (USDC Eastern District of CA) Open Carry

[Fieldbredhandler]

If you read more carefully, the Oct 3rd order says "The mandate issued on September 29, 2023 is recalled as having issued prematurely in error."

So it does nothing to the Sept 7th remand.

You are conflating the issuance of the 9/7/2023 slip opinion with the issuance of mandate. Ordinarily, mandate would issue on 9/29/2023 for a slip opinion issued on 9/7/2023.

There was no remand on 9/7/2023.

[tenemae]

Ordinarily, mandate would issue on 9/29/2023 for a slip opinion issued on 9/7/2023.

Where is that stated?

[Fieldbredhandler]

Where is that stated?

FRAP 41.

[tenemae]

FRAP 41.

Thank-you. I clearly have some reading to do

[AlmostHeaven]

The Ninth Circuit has so many rules, yet they are all useless because a majority of judges can amend the procedures at any time.

[Elgatodeacero]

The rules themselves are part of the control mechanism.

[Drivedabizness]

Rules they feel free to ignore/alter at will

[Fieldbredhandler]

The Ninth Circuit has so many rules, yet they are all useless because a majority of judges can amend the procedures at any time.

I don't think that is the problem. That is the case in every circuit, and it is has not been a problem in those circuits. Judge Van Dyke pointed out the real problem here, in his dissent in Duncan:

"But rather than simply accepting the result dictated by our rules, or even deciding as an entire court to waive our rules, we went in a different direction. First, the decision was made by someone?not by the rules, or even the entire court?to allow the respective panels to waive the deadlines on behalf of the entire court...."

[40calfunk]

On October 11th, Ms. Bellantoni docketed a letter (#34) to the 3-judge panel that reversed and remanded the PI motion denial in the District Court. She states that 35 days have passed and basically, she suspects the inferior court is up to no good and sitting on their decision to reconsider the motion. Could it be that since no mandate has been issued, the District Court can sit on it? Remember that there was a mandate that was issued and was subsequently recalled on September 29th. What good does this letter to the panel do?

https://www.courtlistener.com/docket/66703780/mark-baird-v-rob-bonta/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

[Fieldbredhandler]

On October 11th, Ms. Bellantoni docketed a letter (#34) to the 3-judge panel that reversed and remanded the PI motion denial in the District Court. She states that 35 days have passed and basically, she suspects the inferior court is up to no good and sitting on their decision to reconsider the motion. Could it be that since no mandate has been issued, the District Court can sit on it? https://www.courtlistener.com/docket...&order_by=desc

Yes.

Note that the 9/29/2023 mandate finally has posted on the docket, about 14 days late. Previously, it was odd that the 9/29/2023 order recalling the mandate had posted and referenced the 9/29/2023 mandate which was not (then) on the docket--causing some confusion.

In any case, it appears that at the moment, the case has not been remanded to the District Court, so there is no mandate upon which the District Court can issue an Order Spreading Mandating. As I mentioned in a previous post, that probably indicates that one of the Ninth Circuit judges called for a vote for sua sponte en banc review. We shall see.

[AlmostHeaven]

On October 11th, Ms. Bellantoni docketed a letter (#34) to the 3-judge panel that reversed and remanded the PI motion denial in the District Court. She states that 35 days have passed and basically, she suspects the inferior court is up to no good and sitting on their decision to reconsider the motion. Could it be that since no mandate has been issued, the District Court can sit on it? Remember that there was a mandate that was issued and was subsequently recalled on September 29th. What good does this letter to the panel do?

https://www.courtlistener.com/docket...&order_by=desc

Lower courts absolutely have adopted a strategy of deliberately delaying politically disfavored cases. Intervention from higher levels has become necessary to unstick the litigation.

[mcbair]

Once again. The denial of the P.I. Was reversed and remanded to MULLER’S court. It is pretty clear and was no surprise to us, that she would do nothing about the order from her superiors in the Ninth Circuit. We are simply asking the Ninth to put a timeline on the “expedited” do over according to the very strict guidance issued to her from the three judge panel. Muller is a liar and a Democrat hack. No secret there either. This is a fight for Liberty. It is a fight we intend to win! The Democrat court constructed house of cards will fall if enough of us stand. We could sure use a little help. None of the so called gun rights orgs are helping us in any way. Contributions are 100 percent for legal fees and court fees. It is just me and the attorney. Please send contributions to
PECAN. (People educating concerned Americans now. They pay the bills. No one else touches the money.). Please put 2A in the memo line of check so the donation will go to the correct account. Give as much as you can. This is not a cheap case. Constitutional Carry is the right we can regain if you help!
PECAN
14421 Old Oregon Trail suite B
Redding CA 96003

[abinsinia]

OPPOSITION by Rob Bonta to 96 Motion for Summary Judgment,, 90 Motion for Summary Judgment,,. (Attachments: # 1 Supplement Defendant's Responses to Plaintiffs' Objections and Separate Statement; Defendant's Supplemental Statement, # 2 Supplement Defendant's Objections to Plaintiffs' Evidence, # 3 Supplement Defendant's Request for Judicial Notice, # 4 Declaration Dr. Rivas Sur-rebuttal report and Declaration, # 5 Declaration Dr. Spitzer Sur-Rebuttal Report and Declaration, # 6 Declaration Dr. Cornell Sur-Rebuttal Report and Declaration, # 7 Declaration Supplemental Declaration of Lara Haddad in support of Opposition)(Haddad, Lara) (Entered: 10/13/2023)

https://storage.courtlistener.com/recap/gov.uscourts.caed.353395/gov.uscourts.caed.353395.98.0.pdf

[abinsinia]

page 5 is a brain twister , they quote Bruen which says they can't encumber open carry, then they go on to pretend they can encumber open carry.

[zeneffect]

page 5 is a brain twister , they quote Bruen which says they can't encumber open carry, then they go on to pretend they can encumber open carry.

It really isn't. It's just smooth brain logic. I want, my feelings, give me, words that mean nothing. It's just blah blah blah like the rest of the states garbage.