Sekiya

Sekiya v. Gates

Good Law
United States Court of Appeals for the Ninth CircuitNovember 28, 200706-15887California552 words

Opinion

Opinion

Discussion

[1] Federal Rule of Appellate Procedure 28 and our corre- sponding Circuit Rules 28-1 to -4 clearly outline the manda- 15408 SEKIYA v. GATES tory components of a brief on appeal. These rules exist for good reason. “In order to give fair consideration to those who call upon us for justice, we must insist that parties not clog the system by presenting us with a slubby mass of words rather than a true brief.” N/S Corp. v. Liberty Mut. Ins. Co., 127 F.3d 1145, 1146 (9th Cir. 1997).

[2] Here, Sekiya’s opening brief is so deficient that we are compelled to strike it in its entirety and dismiss the appeal. Cmty. Commerce Bank v. O’Brien (In re O’Brien), 312 F.3d 1135, 1137 (9th Cir. 2002). The brief fails to provide the applicable standard of review, Fed. R. App. P. 28(a)(9)(B), and makes virtually no legal arguments, Fed. R. App. P. 28(a)(9)(A). Furthermore, it lacks a table of contents, Fed. R. App. P. 28(a)(2), a table of authorities, Fed. R. App. P. 28(a)(3), citations to authority, Fed. R. App. P. 28(a)(9)(A), and accurate citations to the record, Fed. R. App. P. 28(a)(9)(A) & (e).

[3] When writing a brief, counsel must provide an argument which must…

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