Summary
The United States District Court for the Eastern District of California denied Marshall Edward Mikels’ motion, construed as a motion to quash a subpoena and referred as a discovery motion. The court found that Mikels did not identify cognizable relief or present a non-frivolous legal argument, and rejected the document’s sovereign-citizen-related assertions.
Holdings
- The filing was noncognizable because Mikels did not identify any relief that the court could plausibly grant and did not appear to seek judicial relief.
- Sovereign-citizen-style arguments provide no legal basis for relief, and a filing containing such arguments without a legal cause of action or nonfrivolous argument must be denied.
Questions Presented
- Whether Mikels's filing could be construed as a cognizable discovery-related motion or motion to quash a subpoena.
- Whether the motion should be denied because it identified no relief the court could plausibly grant and presented only frivolous sovereign-citizen arguments.
Disposition
other
Cases Cited (1)
- U.S. v. Ward, 182 F.3d 930, at *2 (9th Cir. 1999)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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