Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

Case: 12-14679 Date Filed: 01/02/2013 Page: 3 of 8
12. This having occurred, I felt comfortable that the record excerpts would
be forwarded to this appellate court for me.
13. I have never done this type of appeal before and I speak English
fluently, but as my second language. I am not mentally challenged and
I also have a few years of college. Yet I feel I was misled by the clerks
representations to me, although not intentionally.
14. Furthermore, I was accompanied by an individual named Donny Rhode
on the day that I went to the clerk's window and the misunderstanding
occurred and was furthered.
15. Mr. Rhode witnessed the conversation, and claims to recall it in a
similar manner and I have included his sworn affidavit indicating that his
recollections are similar to mine.
16. It was due to this misunderstanding and mis-communication, and no
other reason, that I failed to include the record excerpts as required.
17. Since 2007, I have been on substantial medications that sometimes
cause drowsiness and dizziness and, to some degree, a loss of
memory. I cannot say with any certainty that this condition may have
contributed to my mis-perception of the rule that I am now found to have
violated.
18. Due to these circumstances and because the dismissal of my appeal
will produce a very harsh result, and because my initial brief
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