Can the 9th Circuit Court of Appeals indefinitely prolong or avoid its judicial duty when a judicial process in the lower district court resulted obviously in a criminal penalty being assessed within a civil proceeding, whereby the citizens private rights would normally act as a restriction upon the government in order to affect the timely resolution of the matter before them?

QUESTION PRESENTED Can the 9th Circuit Court of Appeals indefinitely prolong or avoid its judicial duty when a judicial process in the lower district court resulted obviously in a criminal penalty being assessed within a civil proceeding, whereby the citizens private rights would normally act as a restriction upon the government in order to affect the timely resolution of the matter before them? ii PARTIES TO THE PETITION ; Petitioner and Appellant below David Erlanson, Sr. Party to Whom Mandamus is Sought United States Court of Appeals for the Ninth Circuit Real Party in Interest and Appellee below United States Environmental Protection Agency . iii LIST OF PROCEEDINGS United States District Court for the District of Idaho No. 4:22-cv-00091-DCN David Erlanson, Plaintiff, v. United States Environmental Protection Agency, Defendant. Date of Final Judgment: October 14, 2022 Environmental Appeals Board, United States Environmental Protection Agency CWA Appeal No. 20-23 In re: Dave Erlanson, Sr. Date of Final Order: March 5, 2021 iv ; ,