Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

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Petitioner set forth the "terms of any order granting an extension of time to file the petition for a writ of certiorari," Petitioner set forth nothing other than the date of the order <strong>and</strong> the deadline contained in the order. See Petition, p. 2. Petitioner states in his Petition that the jurisdiction of this Court is invoked under 28 U.S.C. § 1254(1). However, pursuant to 28 U.S.C. § 2101(c), "Any other appeal or any writ of certiorari intended to bring any judgment or decree in a civil action, suit or proceeding before the Supreme Court for review shall be taken or applied for within ninety days after the entry of such judgment or decree." Additionally, this Court's Rule 13.3 states: "The time to file a petition for writ of certiorari runs from the date of entry of the judgment or order sought to be reviewed." Therefore, Petitioner's attempt to seek certiorari regarding the Eleventh Circuit's April 20, 2016, dismissal <strong>and</strong> rejection of his April 12, 2016, motion, is untimely, as it should have been brought within 90 days of April 20, 2016. The deadline to take such action expired on July 19, 2016. 3
STATUTORY PROVISIONS AND RULES INVOLVED The following Rules of Appellate Procedure are contained in Respondent's Appendix: Eleventh Circuit Rule 31-2 (2016) Eleventh Circuit Rule 42-2 (2016) Federal Rule of Appellate Procedure 25 (2015) Federal Rule of Appellate Procedure 26 (2015) Federal Rule of Appellate Procedure 27 (2015) Federal Rule of Appellate Procedure 45 (2015) Federal Rule of Appellate Procedure 47 (2015) 4
Page 1 and 2: Ogletree Deakins Karen M. Morinelli
Page 3 and 4: QUESTIONS PRESENTED I. D o Federal
Page 5 and 6: QUESTIONS PRESENTEDi TABLE OF CONTE
Page 7 and 8: Federal Rule of Appellate Procedure
Page 9: JURISDICTION Ramirez's Petition for
Page 13 and 14: After remand, the district court ag
Page 15 and 16: and to "find that the circumstances
Page 17 and 18: On November 21, 2016, Ramirez sough
Page 19 and 20: filing by either party hence, the a
Page 21 and 22: 2587, 542 U.S. 367, 381 (2004) (cit
Page 23 and 24: F.3d 1337, 1341 n.2 (11th Cir. 2011
Page 25 and 26: Simply calling a document a motion
Page 27 and 28: motion to set aside the dismissal a
Page 29 and 30: (Petition, p. 11). Nevertheless, th
Page 31 and 32: CONCLUSION AND RELIEF SOUGHT For al
Page 33 and 34: NO. 16-7880 IN THE SUPREME COURT OF
Page 35 and 36: Dated March 13, 2017. Respectfully
Page 37 and 38: Case: 12-14679 Date Filed: 12/17/20
Page 39 and 40: R.A. 4 Case: 12-14679 Date Filed: 0
Page 41 and 42: P A Case: 12-14679 Date Filed: 01/0
Page 43 and 44: PA R Case: 12-14679 Date Filed: 01/
Page 45 and 46: D A 1 A Case: 12-14679 Date Filed:
Page 53 and 54: Qase: 15-11914 IDAte [CASE: 15-1191
Page 55 and 56: 'RES UNITED STATES 1 POSTAL SERVICF
Page 57 and 58: The order of the United States Cour
Page 59 and 60: A No IN THE SUPREME COURT OF THE UN
Page 61 and 62:
1) A ')4 Rule 31-2. Briefs and Appe
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0 A 1 4 Rule 42-2. Dismissal in a C
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U.S.C. Title 28- JUDICIARY AND JUDI
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Tampa, FL 33602 Telephone: (813) 28
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Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

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