RAMIREZ_PetitionFOR A WRIT OF CERTIORARI_2_6_2017

6
ARGUMENT
This Court should grant this petition, vacate the Eleventh Circuit’s order
of dismissal, and remand for the Eleventh Circuit to consider and rule on
Ramirez’s unopposed motion to accept the corrected appendix as timely
filed.
Carlos Ramirez respectfully asks this Court to use its supervisory power to
correct the Eleventh Circuit’s clerk’s failure to file Ramirez’s permitted, timely, and
unopposed motion, and the Eleventh Circuit’s consequent failure to consider and
rule on that motion.
A. The clerk of the Eleventh Circuit was required to file Ramirez’s unopposed
motion and to present it to the lower court for consideration and ruling. But
the clerk failed to do so.
Under the Eleventh Circuit’s Local Rule 42-2, the failure to file an appendix by an
extended due date causes the appeal to be automatically treated as dismissed on the
first business day following that due date:
When an appellant has failed to file the brief or appendix by the due
date as established by 11th Cir. R. 30-1(c) and 31-1 and set forth in the
clerk’s notice, or, if the due date has been extended by the court, within
the time so extended, an appeal shall be treated as dismissed for
failure to prosecute on the first business day following the due date.
The clerk thereafter will enter an order dismissing the appeal and mail
a copy of that order to counsel and pro se parties. If an appellant is
represented by appointed counsel, the clerk may refer the matter to the
Chief Judge for consideration of possible disciplinary action against
counsel in lieu of dismissal.
11th Cir. R. 42-2(c). And, again in pertinent part, that local rule allows an appellant
whose appeal has been so dismissed to attempt to cure by filing, within fourteen