RAMIREZ_PetitionFOR A WRIT OF CERTIORARI_2_6_2017

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QUESTIONS PRESENTED Ramirez was pro se and in forma pauperis. The lower court ordered the filing of a corrected brief and appendix. Ramirez’s corrected brief was timely mailed but the appendix was not because of a print-shop error. Under 11th Cir. R. 42-2(e), he mailed the appendix the very next day with his unopposed motion to treat it as timely and not dismiss his appeal on account of those extraordinary circumstances. The clerk received the corrected appendix and unopposed motion together. The clerk immediately treated the appeal as dismissed under 11th Cir. R. 42-2(c) because the corrected appendix was not filed by the due date. Yet the clerk did not file his 11th Cir. R. 42-2(e) motion to treat the corrected appendix as timely because it had dismissed the appeal. First. Do Federal Rules of Appellate Procedure 25 and 45 require the clerk to file Ramirez’s unopposed motion to treat the corrected appendix as timely and present it to the Eleventh Circuit for consideration and ruling? Second. Is 11th Cir. R. 42-2 an unreasonable exercise of the Eleventh Circuit’s supervisory and rulemaking powers because it conflicts with the Federal Rules of Appellate Procedure?
( ii) CONTENTS PETITION CONTENTS Questions Presented ........................................................................................................ i Opinions Below ................................................................................................................ 1 Jurisdiction ...................................................................................................................... 2 Provisions Involved .......................................................................................................... 2 Statement of the Case ..................................................................................................... 2 Argument ......................................................................................................................... 6 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. ...................... 6 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. .................................................. 6 B. If the clerk had properly presented Ramirez’s motion to the Eleventh Circuit for consideration, that court likely would have granted it and not dismissed the appeal. ............................................... 10 C. To the extent that the Eleventh Circuit’s local rules were to permit the clerk to return such motions unfiled, those local rules would be an unreasonable exercise of the supervisory and rulemaking powers because the local rules would conflict with the Federal Rules of Appellate Procedure and produce draconian results. ............................ 13 Conclusion ..................................................................................................................... 18
Page 1: № ____________________ IN THE SUP
Page 5 and 6: ( iv) Clerk Correspondence re Entry
Page 7 and 8: ( vi) ELEVENTH CIRCUIT LOCAL RULES
Page 9 and 10: 2 JURISDICTION The Eleventh Circuit
Page 11 and 12: 4 Bausch & Lomb’s brief on its ow
Page 13 and 14: 6 ARGUMENT This Court should grant
Page 15 and 16: 8 appendix, but the clerk simply di
Page 17 and 18: 10 to be entered of record.”). Li
Page 19 and 20: 12 Administration, No. 15-15549, th
Page 21 and 22: 14 Scotia v. United States, 487 U.S
Page 23 and 24: 16 with the requirement.” The 199
Page 25: 18 CONCLUSION Although this Court e

RAMIREZ_PetitionFOR A WRIT OF CERTIORARI_2_6_2017

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