11th Cir dimissed my Pro Se Appeal for filing a day late my Appendix, Now what? help

[CarRam]

What is the name of your state (only U.S. law)? Florida.
I filed under the private sector FWA, through a non profit organization who assigned me legal representation from out of state, in the middle district. The Defendant was granted 'Summary Judgment' even though there were 2 dates for trial, a judge reassigned to take over my case. Once the MSJ was granted the nonprofit walked away and left me alone to appeal claiming that the state of FL is conservative and that they would not spend more funds on me hence, I appealed as a Pro Se in forma pauperis and was able to get the claim; vacated and remanded for the lower judge to do a new case analysis which after almost a year came through with a lot of wrong stuff on it and that reaffirmed the Summary Judgment. Afterwards, I appealed again to the 11th Cir; I filed my Brief and Appendix on September of 2015 and the Appellee moved to strike pages of their employees depositions. I fought it the best i could but they have so much means and a large known law firm covering their wrong doings that, the 11th ordered me to come up with a new brief. I requested extensions and my final due date to mail both; the brief and appendix was 4-11-16. on that day i went to a FedEx Kinkos and one stuff member messed up the printing of the *Pdf files that were going to be part of the appendix (around 1300 pages) therefore, I was only able to mail out my Brief that date. The following day; I mailed my Appendix along with an unopposed motion of extraordinary circumstances however, the clerk dismissed my appeal. Afterwards, I filed to motions to reinstate the appeal/remedy the default/ reconsidered and twice I was denied; the final denial order was dated 9-7-16 and on its final paragraph it reads; " This Court shall accept no future filings in this closed appeal. The clerk is directed to discard any future submissions received from either party"
My question is; What can I do next?
SCOTUS????

 

[quincy]

What is the name of your state (only U.S. law)? Florida.
I filed under the private sector FWA, through a non profit organization who assigned me legal representation from out of state, in the middle district. The Defendant was granted 'Summary Judgment' even though there were 2 dates for trial, a judge reassigned to take over my case. Once the MSJ was granted the nonprofit walked away and left me alone to appeal claiming that the state of FL is conservative and that they would not spend more funds on me hence, I appealed as a Pro Se in forma pauperis and was able to get the claim; vacated and remanded for the lower judge to do a new case analysis which after almost a year came through with a lot of wrong stuff on it and that reaffirmed the Summary Judgment. Afterwards, I appealed again to the 11th Cir; I filed my Brief and Appendix on September of 2015 and the Appellee moved to strike pages of their employees depositions. I fought it the best i could but they have so much means and a large known law firm covering their wrong doings that, the 11th ordered me to come up with a new brief. I requested extensions and my final due date to mail both; the brief and appendix was 4-11-16. on that day i went to a FedEx Kinkos and one stuff member messed up the printing of the *Pdf files that were going to be part of the appendix (around 1300 pages) therefore, I was only able to mail out my Brief that date. The following day; I mailed my Appendix along with an unopposed motion of extraordinary circumstances however, the clerk dismissed my appeal. Afterwards, I filed to motions to reinstate the appeal/remedy the default/ reconsidered and twice I was denied; the final denial order was dated 9-7-16 and on its final paragraph it reads; " This Court shall accept no future filings in this closed appeal. The clerk is directed to discard any future submissions received from either party"
My question is; What can I do next?
SCOTUS????

1300 pages?

 

[CdwJava]

My question is; What can I do next?
SCOTUS????

Nope. You would appear to be pretty much done. Time to move on.

You can always pay an attorney to look into the matter for you, but, it seems clear that you are over your head.

 

[Paul84]

What is the name of your state (only U.S. law)? Florida.
I filed under the private sector FWA, through a non profit organization who assigned me legal representation from out of state, in the middle district. The Defendant was granted 'Summary Judgment' even though there were 2 dates for trial, a judge reassigned to take over my case. Once the MSJ was granted the nonprofit walked away and left me alone to appeal claiming that the state of FL is conservative and that they would not spend more funds on me hence, I appealed as a Pro Se in forma pauperis and was able to get the claim; vacated and remanded for the lower judge to do a new case analysis which after almost a year came through with a lot of wrong stuff on it and that reaffirmed the Summary Judgment. Afterwards, I appealed again to the 11th Cir; I filed my Brief and Appendix on September of 2015 and the Appellee moved to strike pages of their employees depositions. I fought it the best i could but they have so much means and a large known law firm covering their wrong doings that, the 11th ordered me to come up with a new brief. I requested extensions and my final due date to mail both; the brief and appendix was 4-11-16. on that day i went to a FedEx Kinkos and one stuff member messed up the printing of the *Pdf files that were going to be part of the appendix (around 1300 pages) therefore, I was only able to mail out my Brief that date. The following day; I mailed my Appendix along with an unopposed motion of extraordinary circumstances however, the clerk dismissed my appeal. Afterwards, I filed to motions to reinstate the appeal/remedy the default/ reconsidered and twice I was denied; the final denial order was dated 9-7-16 and on its final paragraph it reads; " This Court shall accept no future filings in this closed appeal. The clerk is directed to discard any future submissions received from either party"
My question is; What can I do next?
SCOTUS????

Your account is confusing. Typically an appellate court will not consider anything not already presented at the lower-level court, so why did you have an additional 1300 pages to print for your appeal? If that was evidence already presented at the lower court's level, isn't it straightforward to have the filing transferred by the court clerk over to the appellate level as part of the appeal?

 

[FlyingRon]

There's a reason they're called "briefs."

Court cases aren't decided by the weight of the filing. In fact, there is likely a 15 or 30-page limit anyhow. If you can't make your point in that many pages, you aren't doing it right.

 

[adjusterjack]

Your account is confusing. Typically an appellate court will not consider anything not already presented at the lower-level court, so why did you have an additional 1300 pages to print for your appeal? If that was evidence already presented at the lower court's level, isn't it straightforward to have the filing transferred by the court clerk over to the appellate level as part of the appeal?

I wonder if the 1300 pages were transcripts of the trial and depositions.

When I appealed my divorce decision I had to provide complete trial transcripts (but not depositions) to the appellate court even though my briefs referred to only parts of them. Mine was several hundred pages for just a few hours court cumulative court time.

 

[latigo]

Your account is confusing. Typically an appellate court will not consider anything not already presented at the lower-level court, so why did you have an additional 1300 pages to print for your appeal? If that was evidence already presented at the lower court's level, isn't it straightforward to have the filing transferred by the court clerk over to the appellate level as part of the appeal?

Your uneducated guesswork is totally irrelevant and pointless as no one other than you is speaking of the OP supplementing "evidence presented at the lower-level court" [sic]!

In the first place there has been no plenary trial involving the submission of evidence as the case was disposed of at that juncture by the trial court's granting of the defendant's motion for summary judgment.

Secondly, the OP's appeal was dismissed not because of his failure to supplement evidence presented at the "lower Court's level" [sic] but due his failure to timely lodge his brief on the matter of the appellee's motion to strike portions of the discovery; to-wit: ". . . pages of their employees depositions".
___________________________

Now, assuming that the OP's narrative is correct in that the appellate court even entertained a post appeal motion to strike material upon which the lower court might have acted upon in ruling on the defendant's motion for summary judgement - MUCH LESS SUSTAINED THE MOTION - and you wish to be of some service, perhaps you could produce competent legal authorities empowering the appellate court to take such action.

 

[justalayman]

Under only very specific reasoning can you overcome a rejection on the basis of the legal doctrine of: Si tu te perdere snooze

SCOTUS will not accept any cases based on that claim alone. Given you have provided no extraordinary circumstances that would allow a review of the rejection based on the doctrine of Si tu te perdere snooze, you're simply out of luck.

 

[CarRam]

1300 pages?

Just the defendant's Motion for Summary Judgment contained 285 pages. Add up to that, the rest of pages required to be part of the Appendix and I ended up mailing 3 volumes since, you can not go over 250 pages. Unfortunately, a Pro Se Appellant can not file electronically but, via USPS mail; One copy for the court and another set for the Appellee.

 

[CarRam]

There's a reason they're called "briefs."

Court cases aren't decided by the weight of the filing. In fact, there is likely a 15 or 30-page limit anyhow. If you can't make your point in that many pages, you aren't doing it right.

I complied with the brief page limitation. I ended up mailing two (2) briefs; the first one was stricken because pages of employees deposition were missing from the record and those pages were necessary for me to prove; 'pre text' to the judge from the lower court.

 

[CarRam]

Nope. You would appear to be pretty much done. Time to move on.

You can always pay an attorney to look into the matter for you, but, it seems clear that you are over your head.

.

I wish I could have afford an appellate attorney but, I do not have $20k.
I have spent this last weeks making phone calls to a wide network, in the state of FL, of Attorney's bar association asking for a Pro Bono and zero 0 willing or able to help out.
I quoted one firm who wanted; 375 per an hour consultation, 6000 as a retainer and once those funds were dry they would charge me 600 per hour.

 

[CarRam]

Under only very specific reasoning can you overcome a rejection on the basis of the legal doctrine of: Si tu te perdere snooze

SCOTUS will not accept any cases based on that claim alone. Given you have provided no extraordinary circumstances that would allow a review of the rejection based on the doctrine of Si tu te perdere snooze, you're simply out of luck.

My Extraordinary Circumstance range from; coming across a stuff member employee from the printing facility that I would not understand my request to print from my mem stick the PDF files that were numerically named. Furthermore, he renamed some of my files from my mem stick.
Other Extraordinary Circumstances; Depression, anxiety, panic attacks, neck injury, homeless (i lived at a shelter) transitioning to an under standard housing situation where sometimes there is no water or electricity for days, being limited to public libraries hours, the 11th cir loosing one of my Motions, side effects of medicines, and having no legal training but, a strong will seeking justice so, the truth would come out in court.
Any help is appreciated deeply.

 

[CTU]

(Op, you should probably remove the search information from your post; having your real name and information out there probably doesn't help you much and might harm you)

 

[justalayman]

My Extraordinary Circumstance range from; coming across a stuff member employee from the printing facility that I would not understand my request to print from my mem stick the PDF files that were numerically named. Furthermore, he renamed some of my files from my mem stick.
Other Extraordinary Circumstances; Depression, anxiety, panic attacks, neck injury, homeless (i lived at a shelter) transitioning to an under standard housing situation where sometimes there is no water or electricity for days, being limited to public libraries hours, the 11th cir loosing one of my Motions, side effects of medicines, and having no legal training but, a strong will seeking justice so, the truth would come out in court. Search; yumpu myqcbandlstory for the filings or at the Blue Bird under MyQC_BandLstory
Any help is appreciated deeply.

So, in other words; nothing the courts will see as extraodrinary but merely a lot of personal issues, the most glaring being you having a poor time management problem.

 

[Paul84]

Just the defendant's Motion for Summary Judgment contained 285 pages. Add up to that, the rest of pages required to be part of the Appendix and I ended up mailing 3 volumes since, you can not go over 250 pages. Unfortunately, a Pro Se Appellant can not file electronically but, via USPS mail; One copy for the court and another set for the Appellee.

It's unfortunate that you had not asked the court for permission to file electronically as a pro se. I, too, am a pro-se plaintiff and got permission from the federal court in New York to use the Electronic Case Filing (ECF) system as soon as possible in my case. By using the ECF, you can instantly check online that all uploaded (i.e. filed) forms are complete and filed properly--something that is not so easy if merely mailed into a pro-se clerk's office. After my initial complaint, the only paper I had to file via paper, until the court changed the rule to permit its electronic filing, was my amended complaint, and this paper filing the pro-se clerk scanned and posted electronically, but upside down.

Like you, I had a motion for summary judgment, and my evidentiary exhibits for it, including deposition, totalled some 2,000 pages, but I've never had to print out or mail a single one of those pages.