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Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

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R.A. 4<br />

Case: 12-<strong>14</strong>679 Date Filed: 01/02/2013 Page: 2 of 8<br />

4. That m<strong>and</strong>ate stated that the basis of the dismissal was my failure to<br />

include the record excepts.<br />

5. I explain below why the filing was defective.<br />

6. Prior to the filing of my initial appeal brief, I visited several times at the<br />

clerk's window of the district court in Tampa.<br />

7. I misunderstood, <strong>and</strong> feel that the clerk's personnel was not clear in<br />

distinguishing, which items the clerk's office would provide to this Court<br />

<strong>and</strong> those that I would need to provide on my own.<br />

8. Each time that I went to the window, I understood the clerk to be saying<br />

that because I was proceeding In Forma l'auperis, that the record<br />

excerpts required for my appeal would be provided by that office<br />

instead of being provided by me.<br />

9. Twice I was told words to the effect: "they have everything that they<br />

need for your appeal." I understood "they" to mean the eleventh Circuit<br />

Court of Appeals.<br />

10. On one occasion, Friday, November 16, 2012, a gentleman at the<br />

clerk's window, Alej<strong>and</strong>ro Castillo, told me to wait while he doublechecked<br />

with the case-manager, Brenda, regarding the status of the<br />

record on appeal.<br />

11. When he returned to the window, again, he repeated that the record<br />

forwarded to the 11th circuit was fine.<br />

35

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