Cover Letter

The Office of Ulysses T. Ware

123 Linden Blvd
Ste 9-L
Brooklyn, NY 11226
(718) 844-1260
Utware007@gmail.com

Sunday, April 16, 2023

U.S. Court of Appeals for the Second Circuit

Thurgood Marshall U.S. Courthouse
40 Foley Sq.
New York, NY 10007

EMERGENCY APPLICATION AND LEAVE TO FILE PETITION.

Re: U.S. v. Ware, 07-5222cr (Ware-I) and 07-5670(XAP) (Gov-I)1; U.S. v. Ware, 09-
0851cr; and Ware v. Alpha Capital, AG, et al., 11-4181 (2d Cir).

1
On November 7, 2008, the Office of the U.S. Attorney General, (the “USAG”), by and through the U.S.
Attorney (SDNY), sua sponte, voluntarily, notified the Court of Appeals in 07-5222cr, Ware-I, that the
United States was not filing a cross-appeal brief in 07-5670, Gov-I, and therefore had terminated,
dismissed with prejudice, and abandoned the United States 07-5670, Gov-I, cross-appeal of the District
Court’s (Pauley, J.), October 2007 post-trial Rule 29 acquittal verdicts, Dkt. 99, S. Tr. 31 L 18-25; S. Tr. 35-
36; and S. Tr. 73-76, entered in favor of Ulysses T. Ware; has triggered the Double Jeopardy Clause’s
absolute finality regarding the Rule 29 rulings; has triggered res judicata against the United States and its
privies in all subsequent proceedings; pursuant to Article II executive branch appellate political authority
terminated a live Article III controversy with respect to the Rule 29 rulings, and terminated the District
Court’s and the Court of Appeals subject matter jurisdiction over all issues, facts, and claims actually or
necessarily resolved by the USAG’s Article II appellate political decision to dismiss with prejudice the Gov-
I cross-appeal; had stipulated and conceded that the Rule 29 rulings were the law of the case; and had
conferred prevailing party status on Ulysses T. Ware regarding the U.S. v. Ware, 05cr1115 (SDNY)
proceedings.

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Dear Ms. O’Hagan-Wolfe:

Applicant Ulysses T. Ware is submitting the enclosed pleadings to the Court

of Appeals for emergency processing. Enclosed are the following documents for

each of the matters Mr. Ware is requesting that emergency relief be granted.

The following pleadings and documents are being submitted for each of the

below matters:

(i) Omnibus Emergency Petition, (ii) Omnibus Appendices E thru T, (iii) Form

T-1080, and (iv) certificate of service regarding

A. U.S. v. Ware, 07-5222cr (2d Cir.);

B. U.S. v. Ware, 09-0851cr (2d Cir.); and

C. Ware v. Alpha Capital, AG, et al., 11-4181cv (2d Cir.).

The requested emergency relief is detailed below, to wit:

Leave to file and Emergency application for an Order that: (i) recalls the
mandates;2 (ii) orders and directs the immediate disclosure and production
of all judicial public records and all materials that could be considered actual
innocent Brady exculpatory and impeachment evidence in the possession of
the Office of the U.S. Attorney (SDNY), (the “USAO”), and its privies, and the
Chambers of District Judge Edgardo Ramos (SDNY), pursuant to the Brady

2
Applicant is seeking the mandates be recalled in 07-5222cr (Ware-I); 09-0851cr, and 11-4181cv.

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 Court Orders, (A) 05cr1115 (SDNY) Dkt. 17 (May 19, 2006), Tr. 5-10 (Pauley,
J.),3 04cr1224 (SDNY) Dkt. 32 (August 10, 2007), (Sweet, J.), the Code of
Conduct for Federal Judges, and the First Amendment right of access to
judicial public records; and (iii) orders the district courts sub judice to conduct
evidentiary hearings to resolve all disputed issues of material fact, conduct
cumulative materiality assessment proceedings, determine the Article III and
28 USC 1332(a) standing of the 02cv2219(SDNY) plaintiffs, and other
disputed material factual issues.

If the Court has any questions I can be reached at (718) 844-1260 or via email,
utware007@gmail.com.

Respectfully submitted by:

Applicant Ulysses T. Ware
/s/ Ulysses T. Ware
April 16, 2023

Attachments.

3
See Appx. A, Ex. B, infra.

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