Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

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ORDERS AND OPINIONS BELOW The orders of the United States Court of Appeals for the Eleventh Circuit, dated April 20, 2016, July 14, 2016, and September 7, 2016, respectively, are contained in Petitioner's Appendix at pages 1, 2, and 3. The dates of the orders are not clear from those pages of the Appendix, and such dates are set forth at page 52 of the Petitioner's Appendix. 1
JURISDICTION Ramirez's Petition for Writ of Certiorari is untimely, and therefore this Court does not have jurisdiction over the Petition. See 28 U.S.C. § 2101(c); Supreme Court Rule 13.3. Petitioner acknowledges the Eleventh Circuit dismissed the case on April 20, 2016, and, on the same day, returned, unfiled, his April 12, 2016, motion entitled "Unopposed Motion of Extraordinary Circumstances." See Petitioner's Appendix, pp. 1, 34-42, 52.1 Petitioner now attempts, untimely, to dispute the April 20, 2016, dismissal and the return of his motion. After the appeal was dismissed, Petitioner untimely filed two motions to reinstate the appeal on June 2, 2016 and August 1, 2016 (A.52). The Eleventh Circuit denied those motions on July 14, 2016 and September 7, 2016 (A.52), respectively. On November 21, 2016, Petitioner sought an extension of time in which to file a petition for certiorari in which he specifically sought to appeal the Eleventh Circuit's September 7, 2016, order, stating: "The Order sought to be reviewed was entered on September 7, 2016 at which (sic) it states; to not accept any further filing by either party hence, the absence of a petition for either rehearing or rehearing en banc." This Court granted an extension of time for Petitioner to file his petition. However, despite the Court's requirement in Rule 14.1(e)(ii) that I Citations to Petitioner's Appendix will be in the following form: "A.[page number]." Citations to Respondent's Appendix will be in the following form: "R.A.[page number]." 2
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: Federal Rule of Appellate Procedure
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 and 44: PA R Case: 12-14679 Date Filed: 01/
Page 45 and 46: D A 1 A Case: 12-14679 Date Filed:
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
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A No IN THE SUPREME COURT OF THE UN
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1) A ')4 Rule 31-2. Briefs and Appe
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0 A 1 4 Rule 42-2. Dismissal in a C
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U.S.C. Title 28- JUDICIARY AND JUDI
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Tampa, FL 33602 Telephone: (813) 28
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Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

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