Casler

Casler v. Bressler

Good Law
221 F. App'x 553
United States Court of Appeals for the Ninth CircuitFebruary 22, 2007No. 05-15735California409 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant challenges the district court’s order, granting summary judgment to appellees and denying any additional continuances for appellant. Having reviewed the matter, we find that appellant’s arguments lack merit and affirm.

Appellant contends that the district court erred in refusing to obtain a search warrant affidavit sealed by a state superior court for an in camera review. However, he has failed to direct the court towards any authority that suggests, even obliquely, that the district court possesses such a power. Instead, appellant cites to a number of cases that answer an entirely different question: whether appellant is entitled to review a sealed affidavit already in the possession of the federal court. These cases say nothing of the court’s ability to obtain the warrant in the first place and, thus, provide no support for appellant’s argument. Additionally, this court has failed to locate any authority that suggests the district court has such a quasi-appellate power to review state court decisions.

Appellant is also not entitled to any additional continuances because he failed to diligently pursue the sealed affidavit himself. Although appellant did…

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