Schmier

ORDER

In this action against the United States Court of Appeals for the Ninth Circuit and the Judicial Council of the Ninth Circuit (defendants), plaintiff and petitioner Michael Schmier challenges the validity of Ninth Circuit Ruies 36-3 and 36-4, which govern the effect of unpublished opinions, whether they may be cited to or by the courts of this circuit and the process for requesting publication of such dispositions. Schmier seeks a writ of mandamus or writ of prohibition from this court that would require all future dispositions of the courts of this circuit to be published and have precedential effect. Compl (Doc # 1) at 5-6. Schmier also requests an injunction preventing defendants from enforcing Ninth Circuit Rules 36-3 and 36-4, as well as other appropriate relief, such as a declaration of Schmier’s alleged constitutional rights to cite any disposition of the courts of this circuit. Id at 6. Defendants move to dismiss. DefBr (Doc # 5). For the reasons set forth below, the motion is GRANTED.

I

Schmier’s complaint contains essentially no factual allegations. Schmier does not allege that in the case at bar he has tried to cite an unpublished opinion and has been injured…