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No. 08-16174-CC
 __________________________________________________________________ 
IN THE UNITED STATES COURT OF APPEALSFOR THE ELEVENTH CIRCUIT
 __________________________________________________________________ JAMES B. STEGEMAN,Plaintiff/Appellantv.SUPERIOR COURT, et., al.Defendants/Appellees __________________________________________________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF GEORGIA,Atlanta Division1:08-cv-01971-WSD ____________________________________________ APPELLANT’S MOTION TO SET ASIDE DISMISSAL, REMEDYDEFAULT, AND REINSTATE APPEAL, AND/OR MOTION FOR LEAVE TO FILE DOCUMENTS OUT OF TIME ANDREMEDY DEFAULT, AND/OR MOTION TO STAY MANDATE OR RECALL MANDATE ________________________________ JAMES B. STEGEMAN, Pro Se821 Sheppard RoadStone Mountain, GA 30083(770) 879-8737
 
COMES NOW, Appellant James B. Stegeman who files this
 Appellant’s Motion to Set Aside Dismissal, Remedy Default and Reinstate Appeal; and/or  Motion for Leave to File Documents Out of Time and Remedy Default; and/or  Motion to Stay Mandate or Recall Mandate.
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BRIEF BACKGROUND
Appellant was granted Appeal in Forma Pauperis by District CourtDecember 26, 2008; in which the District Court Order stated the Appeal is notfrivolous, and that Appellant is disabled with limited resources.Due to Appellant’s limited experience in Appeals, and the fact there arenumerous Federal Rules of Appellate Procedure, as well as 11
th
Cir. Rules and theInternal Operating Procedures, making at times, Appellate Rules of Procedurequite difficult to understand; coupled together with Appellant’s concern that hewould not be able to properly represent himself and his cause before thisHonorable Court, Appellant filed Motion for Appointment of Counsel January 7,2009.Appellant further believed that should Counsel be appointed, he would fair much better with this Court; Appellant’s experience with Courts as a disabled pro
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Abundans cautela non nocet.
Abundant caution does not harm
 Black’s law  Dictionary 7 
th
Ed.
Westgroup page 1616Appellant is not altogether sure the proper titling for this Motion, thereforeAppellant, in an abundance of caution, attempts to cover all possibilities andscenarios applicable.
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se litigant has revealed that the Court’s have a lack of tolerance for 
 pro se
litigants/appellants, often holding them to much more stringent standards than attorneys.Lastly, and perhaps most importantly, Appellant hoped appointment of counsel would be granted which would alleviate the risk of violating the Rulesand/or timelines, his Motion was denied on January 16, 2009. Appellant filedMotion for Reconsideration January 30, 2009. This Court Denied Reconsiderationon February 11, 2009. Motion for Appointment of Counsel was Denied andAppellant’s ultimate concern, dismissal of his Appeal, is exactly what happened.In order to have a fair and impartial tribunal, Appellant filed Motion toRecuse Judges Hull, Wilson and Marcus filed February 18, 2009. Georgia Power Appellees filed Objective Responses February 23, 2009 to which Appellant filedReply
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on March 6, 2009..Having found little or no information concerning Recusal within the Rulesof Appellate Procedure, and the fact that Appellant has never attended law schooland has no formal legal training, he truly believed Motion to Recuse would beRuled on before Briefing was due.
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Georgia Uniform Superior Court Rules arealmost exact and based upon District Court Rules. Appellant recently read that
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Appellant received his stamped “Filed” copy of Reply to Georgia Power Appellees’ Response on Motion to Recuse, although the Docket Report has never reflected the filing.
 Exhibit A
is a copy of the Docket Report.
 Exhibit B
is a copyof the Reply stamped “Filed” but never docketed.
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It is Appellant’s understanding that Denial of Motion to Recuse is an appealableRuling, just as most Rulings on Motions are.
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