I lost my appeal, not based on procedure and evaluation, butbased on the personal observations of the Administrative Law Judge
. The whole process was contrary to 9
Circuit law. I movedfor an en banc hearing which was granted, and moved for anextension of time on October 4
as I posted, and it was entered assuch on the court docket. On October 14
, 2009, I was dismissedand a mandate was entered. This was also contrary to the 9
Circuit local rules, 27-11, which stays a brief pending certainmotions. A motion for counsel was one of those motions. But thecourt dismissed me despite the rules. In support of my contentionthat the Motion for Counsel stays the briefing period, the courtentered another order denying me counsel on October 26
, 2009.It was not denied as moot, as one would expect, considering theydismissed the case (allegedly). I am presently working on aMotion to Recall Mandate and Motion to File En Banc Petition outof Time together with an en banc brief that I am not satisfied with,considering my disability and the pressure the court has put meunder in order to get the briefs out.I would like to issue a special thanks to nootkabearmcdonald forhelping me out on my briefs, without her, I would have been at atotal loss. She knows the nuances of federal appellate procedure.Win or lose, she gave me a glimmer of hope and I managed to getthe briefs relatively done. If the court rejects me again – it’s off tothe Supreme Court I go!!!
1 ALJ Hereinafter