had been Dismissed for failure to prosecute, and Motion to Recuse was Moot,
anappealable Order that cannot become Moot because a Clerk chose to ignore it.Appellant’s Brief and Record Excerpts
were hand delivered to the CourtApril 13, 2009
per April 6, 2009 conversation with clerk (do not show filed untilApril 16, 2009). April 18, 2009 Appellant received letter from Clerk statingAppellant had failed to Motion to Reinstate;
Motion filed April 22, 2009.May 8, 2009 letter from Clerk that the Court did not receive Order/judgmentappealed from, Certificate of Service for Record Excerpts. Although Appellant is positive the documents had been submitted, he re-submitted them, via USPSOvernight signed for by S. O’Neal on May 15, 2009, see pg. 5 of
. Next, letter dated May 22, 2009 stating “if the corrections for the recordexcerpts were not received within fourteen days, the motion to reinstate willbe
Appellant was not sent Notice, or an Order, he only received the Clerk to Clerk communication which stated Appeal was dismissed and Motion to Recuse was Moot.Copies of all letters from the Clerk are attached hereto as
Records Excerpts consisted of: District Court Docket Sheet, Complaint, Answers from both sets of Appellees, the Rulings/judgments Appealed, Certificates of InterestedPersons, and Certificates of Service.
Appellant quotes the date he
a communication from the Clerk; the date(s) hereferences as filing or filed are the dates stamped “FILED” on Appellant’s copies;Appellant calls to this Court’s attention that he cannot be sure what was actually Filedand what was not as the Docket Report does not coincide with his “Filed” copies.Appellant cannot say for sure the document was ever even Filed, although his copy doesreflect “Filed”, not “Received”, but “Filed”.
The telephone conversation with the Clerk informed Appellant that the
thing neededto be filed was the Brief and Record Excerpts, which was timely complied with;