Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

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Case: 12-14679 Date Filed: 01/02/2013 Page: 7 of 8 6. H e asked, and I agreed, that I walk with him to the federal court house. 7. W e then went to the clerk's office of the United States District Court for the Middle District of Florida which is 3 blocks from my office. 8. I stood with him at the window and tried to understand his questions and the clerk's office employee's responses. 9. M y recollection is that he was told that the items in the record needed for his appeal had been prepared for him and forwarded to the 11th Circuit. 10. This clerk at one point asked him to wait while he stepped away to speak with a case-manager about his appeal. 11. Upon returning, the employee told Ramirez that everything was fine regarding the record on appeal. 12. I did not listen or concern myself further. 13. We left the court house together. 14. Sometime later, in December 2012, he told me that his appeal was dismissed. 15. He showed me a letter from the 11th circuit clerk. He called the clerks office from my office and we both spoke to the clerk who explained the basisof the dismissal to Ramirez. 16. She suggested reading the rules and asking for reinstatement. 17. I asked this person a couple questions and the conversation ended. 42
D A 1 A Case: 12-14679 Date Filed: 01/02/2013 Page: 8 of 8 18. Ramirez asked for this affidavit from me and I told him I was happy to accommodate him. .01111111/1/0 STATE OF FLORIDA COUNTY OF HILLSBOROUGH Sworn to or affirmed and signed before me on Donald Allan Rhode who swore to the truthfulness of the contents herein. \ O ° R A H / r f 00000 A • -1-70 • : -.4.-_*33. * S4444, thu otbdiree;.• ov- VrATE Y`N "1"11i IMO , • . , • • :__ NOTARY PUBLIC—STATE OF FLORIDA [Print, type, or stamp commissioned name of notary Personally known - Produced identification Type of identification produced 43
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 16: and to "find that the circumstances
Page 17 and 18: On November 21, 2016, Ramirez sough
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: PA R Case: 12-14679 Date Filed: 01/
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 87: Tampa, FL 33602 Telephone: (813) 28

Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

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