United States v. Bryan

Summary

The United States District Court for the Eastern District of California denied Defendant Mark Linn Bryan’s motion for leave to pursue an interlocutory appeal under 28 U.S.C. § 1292(b). The court held that Bryan failed to identify a controlling pure question of law or a substantial ground for difference of opinion regarding the court’s handling of his motions to dismiss and its requirement that the United States need not respond to further frivolous filings absent a court request.

Holdings

1. Certification was denied because Defendant failed to establish a controlling question of law and a substantial ground for difference of opinion.
2. Defendant's due process challenge did not present a controlling pure question of law because it concerned the application of law to the specific facts of the case.
3. Defendant's strong disagreement with the district court's rulings did not establish a substantial ground for difference of opinion.

Questions Presented

1. Whether the district court should certify its orders denying Defendant's motions to dismiss for interlocutory appeal under 28 U.S.C. § 1292(b).
2. Whether Defendant demonstrated a controlling pure question of law suitable for interlocutory appeal.
3. Whether Defendant demonstrated a substantial ground for difference of opinion regarding the court's rulings on standing, subject matter jurisdiction, and the absence of a required responsive pleading.

Disposition

other