Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

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The letter further stated that "pursuant to Fed.R.App.P. 25(a)(2)(A), a motion to set aside the dismissal and remedy the default 'is not timely unless the clerk receives the papers within the time fixed for filing." (A.34). According to the Eleventh Circuit's Rule 42-2(e): An appeal dismissed pursuant to this rule may be reinstated only upon the timely filing of a motion to set aside the dismissal and remedy the default showing extraordinary circumstances, accompanied by the required brief and appendix. Such a motion...must be filed within 14 days of the date the clerk enters the order dismissing the appeal. The timely filing of such a motion...is the exclusive method of seeking to set aside a dismissal entered pursuant to this rule. Any untimely filed motion to set aside dismissal and remedy default must be denied unless the motion demonstrates extraordinary circumstances justifying the delay in filing the motion, and no further filings shall be accepted by the clerk in that dismissed appeal. 11th Cir. R. 42-2(e). Ramirez admits he learned of the dismissal of the case on April 21, 2016. (A.91-92). Ramirez has not disputed that he promptly received all of the documents related to the dismissal. (See Petition, pp. 2-5, A.91-92). Nevertheless, Ramirez waited until June 2, 2016, to file "Appellant Oppose Motion to Reinstate the Appeal Under the Extraordinary Circumstances. Rules 42-2 and 42-3." (A.87). The Eleventh Circuit denied the motion on July 14, 2016. (A.2). Ramirez then filed a second motion to reinstate the appeal on August 1, 2016, which was denied on September 7, 2016. (A.53, 3). 9
On November 21, 2016, Ramirez sought and received an extension of time in which to file a petition for writ of certiorari specifically to dispute the Eleventh Circuit's September 7, 2016, order. (R.A.21-24). Now, instead of challenging the September 7, 2016, order, Ramirez "prays that this Honorable Court use its supervisory power to vacate the dismissal and to require the Eleventh Circuit to file, consider, and rule on Ramirez's first unopposed motion [dated April 10, 2016]." (Petition, p. 5.) 10
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 and 10: JURISDICTION Ramirez's Petition for
Page 11 and 12: STATUTORY PROVISIONS AND RULES INVO
Page 13 and 14: After remand, the district court ag
Page 15: and to "find that the circumstances
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
Page 63 and 64: 0 A 1 4 Rule 42-2. Dismissal in a C
Page 65 and 66: U.S.C. Title 28- JUDICIARY AND JUDI
Page 67 and 68:
U.S.C. Title 28- JUDICIARY AND JUDI
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Tampa, FL 33602 Telephone: (813) 28
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