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Order from U.S. Court of Appeals

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What is the name of your state (only U.S. law)? Pennsylvania
I recently received an order from the U.S. Court of Appeals for the 3rd circuit which reads "Upon further review, it appears that it would not be appropriate to submit this appeal to a panel of this Court to consider whether the appeal should be dismissed under 28 US 1915 (e) or whether summary action is warranted under IOS 10.6.

No briefing schedule shall be issued, however, while Appellants motion for appointment of counsel is pending".

Does this mean my case will not be heard by the appeals court or does it mean that a decision has just not been made yet.

I thank you for your time in reading my thread and offering some clarity where my case does in fact stand.


Senior Member
Well given the fact you don't bother to give us any context to work with, I suspect you are claiming indigence and have asked for counsel to be appointed for you. The USC section cited covers whether they will toss your case out because you either LIED about being poor, or your case is so defective that it's not worth appointing a lawyer for you to present. 10.6 under their internal operating rules covers summary actions. It sounds like they're putting things on hold until it's determined if you will be appointed counsel. The sense would seem to me that you're case is headed for the trash can unless they decide that they really should provide you counsel and the counsel will do something to stave off what appears to be an inevitable summary dismissal.

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