Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

and to "find that the circumstances contained in this motion, in their totality, to be
considered 'extraordinary,' unfortunate and not close this appeal." (A.38-40).
The clerk received and date stamped the motion and the corrected appendix
on April 15, 2016. (A.35, 36-40, 44). The clerk returned Ramirez's motion
unfiled, because the appeal had been dismissed effective April 12, 2016. (A.35,
51-52). Under Eleventh Circuit Rule 31-2(e), the "clerk is without authority to file
an appellant's motion for an extension of time to file the brief or appendix received
by the clerk after the expiration of the due date for filing the brief or appendix."
11th Cit. R. 31-2(e).
On April 20, 2016, a dismissal was entered, "FOR THE COURT — BY
DIRECTION," which stated:
(A.1).
ENTRY OF DISMISSAL: Pursuant to the 11th Cit. R. 42-2(c), this
appeal is DISMISSED for want of prosecution because the appellant
Carlos Ramirez failed to file CORRECTED appendix within the time
fixed by the rules, effective April 20, 2016.
The letter accompanying the dismissal stated that, "Mursuant to 11th Cit. R.
42-2(c) and 42-3(c), when an appellant fails to timely file or correct a brief or
appendix, the appeal shall be treated as dismissed on the first business day
following the due date. This appeal was treated as dismissed on 04/12/2016."
(A.34).
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