25.05.2017 Views

Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Petitioner set forth the "terms of any order granting an extension of time to file the<br />

petition for a writ of certiorari," Petitioner set forth nothing other than the date of<br />

the order <strong>and</strong> the deadline contained in the order. See Petition, p. 2.<br />

Petitioner states in his Petition that the jurisdiction of this Court is invoked<br />

under 28 U.S.C. § 1254(1). However, pursuant to 28 U.S.C. § 2101(c), "Any other<br />

appeal or any writ of certiorari intended to bring any judgment or decree in a civil<br />

action, suit or proceeding before the Supreme Court for review shall be taken or<br />

applied for within ninety days after the entry of such judgment or decree."<br />

Additionally, this Court's Rule 13.3 states: "The time to file a petition for writ of<br />

certiorari runs from the date of entry of the judgment or order sought to be<br />

reviewed." Therefore, Petitioner's attempt to seek certiorari regarding the<br />

Eleventh Circuit's April 20, 2016, dismissal <strong>and</strong> rejection of his April 12, 2016,<br />

motion, is untimely, as it should have been brought within 90 days of April 20,<br />

2016. The deadline to take such action expired on July 19, 2016.<br />

3

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!