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The Second Circuit only screens pro se prisoner appeals for nonargument.
See Levy, Judicial Attention, supra note 7, at 438 ("Given the courts' perception of pro se appeals, the nonargument treatment of these cases can be understood as part of a larger attempt to allocate less judicial attention to classes of cases that are thought to have a higher percentage of frivolous claims.
219) The circuit simultaneously decided that nonargument cases would be worked up by staff attorneys, who would prepare a bench memorandum and draft a summary order for each case.
In the Third Circuit in FY 2009, 17 to 27 percent of the cases decided on the merits were sent to nonargument panels.
In the remaining 40 percent of the nonargument cases in the Fourth Circuit, the staff attorneys make oral presentations.
Cases that are placed on a nonargument track tend to have their decisions drafted by staff attorneys, whereas cases that are calendared, even if they are ultimately decided on the briefs, tend to be worked up in chambers.
Quite plainly, the treatment of nonargument cases ranges significantly among these circuits.
Cases that survive initial screening and that are not designated for a nonargument track are scheduled for a particular sitting.
If a panel decides that a case will go on submission, the case technically remains on the calendar, but, like a nonargument case, it will be decided solely on the submitted materials.
After oral argument, or after reviewing the submitted materials in nonargument cases, judges must decide how to dispose of each appeal--not just whether they will affirm or deny the decision below, but whether they will decide the case by a signed, published opinion; by a per curiam opinion; or by a short, unpublished, and nonprecedential opinion or order.
Likewise, this rule does not convey that many nonargument cases will be decided in oral presentations, see infra note 249 and accompanying text, or that certain cases are more likely than others to be decided solely on the briefs, see infra text accompanying note 139.
Other distinctions include the kind of work that each performs--law clerks tend to work on argued cases, whereas staff attorneys typically prepare nonargument cases, see infra Part II.