Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14
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REASONS FOR DENYING THE PETITION<br />
1. T h e Petition is Untimely.<br />
Ramirez's Petition is untimely <strong>and</strong> should be denied on this basis. See 28<br />
U.S.C. § 2101(c); S. Ct. R. 13.3. Petitioner acknowledges the Eleventh Circuit<br />
entered an order dismissing the case on April 20, 2016, <strong>and</strong>, on the same day,<br />
returned, unfiled, his April 12, 2016, untimely motion for extension of time<br />
entitled "Unopposed Motion of Extraordinary Circumstances."5 (A.1, 34-42, 52).<br />
Petitioner now attempts, untimely, to dispute the April 20, 2016, dismissal <strong>and</strong> the<br />
return of his motion.<br />
Despite receiving specific instructions from the clerk on how <strong>and</strong> when he<br />
could attempt to set aside the dismissal (A.34), Ramirez untimely filed two<br />
motions to reinstate the appeal on June 2, 2016, <strong>and</strong> August 1, 2016 (A.52). The<br />
Eleventh Circuit denied those untimely motions on July <strong>14</strong>, 2016 <strong>and</strong> September 7,<br />
2016 (A.52), respectively.<br />
On November 21, 2016, Petitioner sought an extension of time in which to<br />
file a petition for certiorari in which he specifically sought to appeal the Eleventh<br />
Circuit's September 7, 2016, order, stating: "The Order sought to be reviewed was<br />
entered on September 7, 2016 at which (sic) it states; to not accept any further<br />
5Petitioner then untimely filed two motions to reinstate the appeal on June 2, 2016 <strong>and</strong> August 1,<br />
2016 (A.52). The Eleventh Circuit denied those motions on July <strong>14</strong>, 2016 <strong>and</strong> September 7,<br />
2016 (A.52), respectively.<br />
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