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SCHMIER v. U.S. COURT OF APPEALS FOR NINTH CIRCUIT

No. 01-16105.

279 F.3d 817 (2002)

Michael SCHMIER, Plaintiff-Appellant, v. UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT and Judicial Council of the Ninth Circuit, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 1, 2002.

Attorney(s) appearing for the Case

Kenneth J. Schmier, Emeryville, CA, for the plaintiff-appellant.

Douglas N. Letter and Kathleen A. Kane, U.S. Department of Justice, Washington, for the defendants-appellees.

Before: FRIEDMAN, Senior Circuit Judge, ROETTGER, Senior District Judge, and MICHEL, Circuit Judge.

MICHEL, Circuit Judge.

Michael Schmier, an attorney practicing employment law in the California federal courts, appeals from a decision by the United States District Court for the Northern District of California holding that, as a matter of law, Schmier had failed to establish standing based on a complaint alleging that the Circuit Rules prohibiting citation to unpublished opinions violate his constitutional rights. Because Schmier's complaint does nothing more than...

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