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Bausch and Lomb_Opposition_2_RamirezWritofCert_2017-03-14

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JURISDICTION<br />

Ramirez's Petition for Writ of Certiorari is untimely, <strong>and</strong> therefore this<br />

Court does not have jurisdiction over the Petition. See 28 U.S.C. § 2101(c);<br />

Supreme Court Rule 13.3. Petitioner acknowledges the Eleventh Circuit dismissed<br />

the case on April 20, 2016, <strong>and</strong>, on the same day, returned, unfiled, his April 12,<br />

2016, motion entitled "Unopposed Motion of Extraordinary Circumstances." See<br />

Petitioner's Appendix, pp. 1, 34-42, 52.1 Petitioner now attempts, untimely, to<br />

dispute the April 20, 2016, dismissal <strong>and</strong> the return of his motion.<br />

After the appeal was dismissed, Petitioner untimely filed two motions to<br />

reinstate the appeal on June 2, 2016 <strong>and</strong> August 1, 2016 (A.52). The Eleventh<br />

Circuit denied those motions on July <strong>14</strong>, 2016 <strong>and</strong> September 7, 2016 (A.52),<br />

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 />

filing by either party hence, the absence of a petition for either rehearing or<br />

rehearing en banc." This Court granted an extension of time for Petitioner to file<br />

his petition. However, despite the Court's requirement in Rule <strong>14</strong>.1(e)(ii) that<br />

I Citations to Petitioner's Appendix will be in the following form: "A.[page number]." Citations<br />

to Respondent's Appendix will be in the following form: "R.A.[page number]."<br />

2

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