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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 />

11

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