Appeal Update

I lost my appeal, not based on procedure and evaluation, but based on the personal observations of the Administrative Law Judge . The whole process was contrary to 9th Circuit law. I moved for an en banc hearing which was granted, and moved for an extension of time on October 4th as I posted, and it was entered as such on the court docket. On October 14th, 2009, I was dismissed and a mandate was entered. This was also contrary to the 9th Circuit local rules, 27-11, which stays a brief pending certain motions. A motion for counsel was one of those motions. But the court dismissed me despite the rules. In support of my contention that the Motion for Counsel stays the briefing period, the court entered another order denying me counsel on October 26th, 2009. It was not denied as moot, as one would expect, considering they dismissed the case (allegedly). I am presently working on a Motion to Recall Mandate and Motion to File En Banc Petition out of Time together with an en banc brief that I am not satisfied with, considering my disability and the pressure the court has put me under in order to get the briefs out.

I would like to issue a special thanks to nootkabearmcdonald for helping me out on my briefs, without her, I would have been at a total loss. She knows the nuances of federal appellate procedure. Win or lose, she gave me a glimmer of hope and I managed to get the briefs relatively done. If the court rejects me again – it’s off to the Supreme Court I go!!!

1 ALJ Hereinafter

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