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Motion to Reconsider Appellant's Motion to Reinstate Appeal

Motion to Reconsider Appellant's Motion to Reinstate Appeal

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Published by Janet and James
Appellant's appeal was wrongly dismissed while waiting for ruling on Motion to Recuse. The motion was opposed, under the Rules of appellate procedure, the clerk cannot rule on opposed motions. The clerk never presented the motion to the judges to rule on, rather she dismissed the appeal claiming failure to prosecute. Clerk violated Rule 42-1. Appellant was not notified that he had 14 days to file his brief. The clerk then sent five different letters claiming that appellant had ommitted documents needed for the appeal to go forward.
Appellant's appeal was wrongly dismissed while waiting for ruling on Motion to Recuse. The motion was opposed, under the Rules of appellate procedure, the clerk cannot rule on opposed motions. The clerk never presented the motion to the judges to rule on, rather she dismissed the appeal claiming failure to prosecute. Clerk violated Rule 42-1. Appellant was not notified that he had 14 days to file his brief. The clerk then sent five different letters claiming that appellant had ommitted documents needed for the appeal to go forward.

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Published by: Janet and James on Aug 01, 2009
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05/11/2014

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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-WSDMOTION FOR RECONSIDERATON OF APPELLANT’SMOTIONS:TO SET ASIDE DISMISSAL, REMEDY DEFAULT, AND REINSTATEAPPEAL, AND/OR FOR LEAVE TO FILE DOCUMENTS OUT OF TIME AND REMEDYDEFAULT, AND/OR STAY MANDATE OR RECALL MANDATE _____________________________________ JAMES B. STEGEMAN, Pro Se821 Sheppard RoadStone Mountain, GA 30083(404) 300-9782
COMES NOW, Appellant James B. Stegeman who files
 Motion for  Reconsideration of Appellants Motions: To Set Aside Dismissal, Remedy
 
 Default and Reinstate Appeal; and/or For Leave to File Documents Out of Timeand Remedy Default; and/or To Stay Mandate or Recall Mandate.
BACKGOURND OF EVENTS LEADING TO DISMISSAL OF APPEAL
AppellantsMotion to Appeal in Forma Pauperis was Granted by DistrictCourt December 26, 2008
1
. Appellant filed Motion for Appointment of CounselJanuary 7, 2009, which was Denied by Judge Hull January 16, 2009; in the sameOrder, Judge Hull denied Ms. McDonald, who was a party to the District Courtaction, her Rights to Appeal. Motion for Reconsideration was filed January 30,2009, Denied February 11, 2009.Appellant filed Motion to Recuse Judges Hull, Wilson and Marcus February18, 2009; Georgia Power Appellees filed Objection February 23, 2009 to whichAppellant filed Reply on March 6, 2009.
A.
Clerk’s Communications
The Clerk failed to follow rules and procedures, and worked to have thisAppeal dismissed. Appellant disputes the omissions claimed by the Clerk,nevertheless, he timely complied, hoping to have his Appeal decided on the merits.While awaiting this Court’s Ruling on Motion to Recuse, on April 1, 2009Appellant received, a copy of the Clerk to Clerk communication stating the Appeal
1
District Court Order Ruled that the Appeal is not frivolous, and that Appellant is disabledwith limited resources
2
 
had been Dismissed for failure to prosecute, and Motion to Recuse was Moot,
2
anappealable Order that cannot become Moot because a Clerk chose to ignore it.Appellant’s Brief and Record Excerpts
3
were hand delivered to the CourtApril 13, 2009
4
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;
5
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 
 Exhibit A
. Next, letter dated May 22, 2009 stating “if the corrections for the recordexcerpts were not received within fourteen days, the motion to reinstate willbe
2
Appellant was not sent Notice, or an Order, he only received the Clerk to Clercommunication which stated Appeal was dismissed and Motion to Recuse was Moot.Copies of all letters from the Clerk are attached hereto as
“Exhibit A” 
3
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.
4
Appellant quotes the date he
received 
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”.
5
The telephone conversation with the Clerk informed Appellant that the
only
thing neededto be filed was the Brief and Record Excerpts, which was timely complied with;
3

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