United States Ninth Circuit

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In re: Application for Exemption from Electronic Public Access Fees, 12-16373

An appeal from the district court's order denying an ex parte application for an exemption from the fees associated with electronic access to court records is dismissed for lack of jurisdiction, where: 1) this Court does not have jurisdiction under 28 U.S.C. section 1291 to review the district court's order because the order was an administrative order outside the scope of the court's litigative function, rather than a "decision" of the district court; and 2) the order was administrative because it arose from a nonadversarial proceeding, and the application for a fee exemption, which was brought by two journalists who wished to conduct a research project, was wholly unconnected to pending litigation.

Appellate Information

  • Decided 08/29/2013
  • Published 08/29/2013




  • United States Ninth Circuit