Appeal Back on Track

In case you’ve been wondering what happened to my 11th Circuit appeal in the lawsuit that started this blog, it was dismissed 2 months ago for a missing document, after the clerk’s office told me they had everything. It’s still my fault (should never trust the clerk! ;)), but today my motion to re-instate was granted, and the government’s appellee’s brief is due on October 24th, 2011.

I have to review the rules to see if I get an opportunity to reply to their brief or not, and additionally, the judges can request to have a hearing for oral arguments, if they so choose. But, it looks like we’re on track for an appeals decision by end of year. A decision in my favor sends the case back to the District Court to proceed, while a decision for the smurfs will prompt me to ask for Supreme Court review.

5 thoughts on “Appeal Back on Track

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  1. The Court clerk is either incompetent or deceitful. If you can prove you gave the Clerk of Court the correct paperwork they can be prosecuted for fraud. They cannot claim immunity for failure tp perform their required duties.

    1. I was missing a document. The problem was that I asked the clerk if they had “everything” and they told me yes, even though there was still the missing document. I don’t think this was intentional, just a miscommunication that unfortunately delayed things for a while.

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