realist wrote:
Love Letters in the Sand.
Cody complains about SCOTUS clerks...
And just
to back up his claimOf course, even if the clerk misstated the dates, the fact still remains...
Quote:
“Dear Mr. Judy
- The above entitled petition for a writ of certiorari was originally postmarked April 4th, 2012 and received again on April 24th, 2012. The papers are returned for the following reason(s): For the reasons stated in prior correspondence from this office. It does not appear that you have case pending before the U.S. Court of Appeals for the 11th Circuit in order to file a Rule 11 petition. Sincerely William K. Suter, Clerk By: Gail Johnson
What a moran this guy is. The clerk's letter is quite easy to explain, but it does require some basic reading skills.
Judy filed a
petition for cert on April 4. (I'm using Cody's own date as posted with the copy he uploaded to scribd.) As folks like Cody are wont to do, he's sent other crap to the court since then, but he doesn't seem to understand that the Court's staff doesn't necessarily drop everything they're doing when they get a pile of poo from some pro se idiot and figure out how the new pile intersects with the old pile.
On the cover of his April 4th pile, he petitioned for cert directed at the 11th Circuit.* So it's natural enough that the clerk's office would do a doc check with the 11th to see what Cody had in the mill there. Note that his biggest problem all along is that he doesn't appeal any particular order of any specific court. He just thinks he can drop in and haggle Constitutional law on the basis of a dead state law case -- or no basis at all.
So the clerk does some head scratching and says, "WFT? I'm not seeing anything at the 11th." So then, if there's no order or opinion at the 11th, maybe this fool is trying an interlocutory appeal prior to issuance of judgment. And that's where Supreme Court Rule 11 (not FRPC Rule 11!) kicks in:
SC Rule 11 wrote:
Rule 11. Certiorari to a United States Court of Appeals Before Judgment
A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See 28 U. S. C. § 2101(e).
Yoo hoo, Mr. Judy. Do you get it now, you moron?
____
* The whole idea behind a
writ of certiorari is to order up the record from the court below pertaining to a decision that's being appealed. It isn't simply some kind of general permission to have your case heard; it's the formal mechanism by which SCOTUS commands the record and takes jurisdiction from some lower court.