RAMIREZ_PetitionFOR A WRIT OF CERTIORARI_2_6_2017
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7<br />
days of the entry of the order of dismissal, a motion to set aside the dismissal and to<br />
remedy the default on account of extraordinary circumstances, accompanied by the<br />
required appendix:<br />
An appeal dismissed pursuant to this rule may be reinstated only upon<br />
the timely filing of a motion to set aside the dismissal and remedy the<br />
default showing extraordinary circumstances, accompanied by the<br />
required brief and appendix. Such a motion showing extraordinary<br />
circumstances, accompanied by the required brief and appendix, must<br />
be filed within 14 days of the date the clerk enters the order dismissing<br />
the appeal. The timely filing of such a motion, accompanied by the<br />
required brief and appendix, and a showing of extraordinary<br />
circumstances, is the exclusive method of seeking to set aside a<br />
dismissal entered pursuant to this rule. An untimely filed motion to set<br />
aside dismissal and remedy default must be denied unless the motion<br />
demonstrates extraordinary circumstances justifying the delay in filing<br />
the motion, and no further filings shall be accepted by the clerk in that<br />
dismissed appeal.<br />
11th Cir. R. 42-2(e).<br />
Here, the Eleventh Circuit had extended the time for Ramirez to file a corrected<br />
appendix to April 11, 2016. A. 51. Appendices are deemed timely filed when mailed<br />
to the clerk on or before the last day for filing, see Fed. R. App. P. 25(a)(2)(B)(i), so<br />
Ramirez had until April 11 to mail the corrected appendix. Because of the FedEx<br />
Kinkos printing error, Ramirez did not mail the corrected appendix by April 11, so<br />
the appeal was treated as dismissed on April 12 (the next business day).<br />
To cure the dismissal, Ramirez had to file a motion to set aside the dismissal and<br />
remedy the default showing extraordinary circumstances, accompanied by the<br />
required corrected appendix, within fourteen days of the entry of the order of<br />
dismissal. 11th Cir. R. 42-2(e). Ramirez did file a motion and the corrected