Prison Pete

Friday, June 24, 2005
  Triple Play.
I actually hit the triple play on Friday. I received legal mail, a package and regular mail.

The package was the books from you; I already finished one of them. I had read the Jackie Collins, "Accident." But it was worth a re-read. Thanks for sending them through.

The regular mail was a Dick Blick Art supplies catalog. Never even had you look up any information on that one. I did finally receive all the catalogs that you sent the addresses for, so now I am all cataloged up.

The legal mail was yet another confusing mailing. There were actually two different letters in the same envelope. One letters says I can still apply for the Certificate of Appeallability. One gives me twenty-one days from the date of the letter. The other has no deadline but says I need to first file for permission to re-open my case, and then file for the COA.

I did do a little cleaning of the print wheel and platen on the typewriter. It seems to make a little difference. We will see when I do the print of this letter.

I made the rice and beans tonight for dinner. Friday we had the poor man's pasta, can of tomato sauce and can of vegetarian beans. I have been hitting the soda a little heavy this last two weeks. I am glad I had it. The receipt of the mail from the court on Friday while good news, still stirs up all kinds of emotional angst that the soda quickly becomes a good sauce [sic] of comfort.

I know but what about the chemicals, one does what one can with the resources available.

Speaking of resources, I came up with a new treat. One serving of instant oatmeal, mix in a package of hot cocoa mix. Chocolate oatmeal. I did mix the cocoa and oatmeal together and then added the hot water. It would appear to be better to first mix the oatmeal and water, then add the cocoa mix. You could probably get by with using a half of package of cocoa mix. We can buy the cocoa mix for only seven cents a pack. I will be ordering a few packs this week. If oatmeal cuts down on cholesterol, wonder if there is any in the cocoa mix so it ends up canceling each other out. It does seem to be a good mix between total junk food, a Hershey bar, and all healthy, plain unsweetened oatmeal.

It is 6:30 PM here. I did watch the first two movies this weekend, and one hour of today's movie. Friday was National Lampoon's Golddiggers. Was certainly not a "classic" but since it was National Lampoon, I had pretty low expectations. There were a few scenes of naked female breasts. Not a total loss.

Saturday's flick was the Bogeyman. Another case of why watch a horror flick on small screen. Today's flick was "Back in the Day." A really bad black drama about living in the hood. It was like having flashbacks of my years at Club Fed, in terms of the dialogue and mind set. I walked out of that one as soon as 1:00 rolled around. You are only allowed to leave the area with the televisions on the hour.

I did type two letters so far this weekend. One back to the court asking for confirmation of which letter is the one I should pay attention to, and one to Mom and Dad asking their assistance in obtaining the copies of the motions I have previously sent the court. It was a one subject letter. I hope they understand the urgency of my request.

I wonder what Monday's mail will bring? I only missed that one day of walking, and am shooting for between forty-five and fifty laps per day. It does take me just about an hour to accomplish that task. On Saturday and Sunday the yard closes at 10.00 AM (or maybe a little earlier) for brunch, so I have no grace time to finish up the laps. Saturday, I was only able to get thirty-nine laps in. During the week, there is a ten minute window to move from the yard back to the dorm, and I made sure I finished fifty laps on Friday before I headed in.

My "friend", Officer King has been gone for over two weeks. Maybe he is working in another area for a bit or just on a few weeks vacation. The lockers all around me have had their random shakedown so I am due for one. Hope it happens before he returns.

I have not looked at the NY Times in last two days, although I may try to read one or two after I am done with this letter.

I hope I hear from my parents soon about if they got Smith Corona to send the replacement or not. It figures I would be low on ribbons right when I am under the gun to type up court documents.

The first letter from the court is typed as received, the underlined word is actually in the letter and it does not make sense:

"In response to your letter dated April 23, 2005 inquiring as to the status of your appeal. Please be advised your appeal was certificate of appealability defaulted on March 4, 2005 for failure to submit papers in support of certificate of appealability. If you wish to have your appeal reviewed, you must submit a motion to reinstate the appeal along with a supporting affidavit and papers in support of your motion for certificate of appealability."

Papers, where are your papers? I think I sent you a copy of my April 23 letter. It is a pretty nice way to side step the issues raised in the letter by calling it an "inquiring as to the status of your appeal."

But wait there is more, the second letter follows:

"The Clerk's Office has construed the Notice of Appeal you filed following the district court's denial of your habeas corpus petition in the above referenced case, as a request that this Court issue a Certificate of Appealability ("COA").

Please be advised that the Circuit Local Rule Section 22(a), a copy of which is enclosed for your convenience, has been changed. The new rule requires that in your application for a COA, you identify each issue you intend to raise on appeal. In addition, you must also include in your motion, with respect to each issue, facts and a brief statement of reasons showing that you have been denied a constitutional right. The motion will be submitted without oral argument. The Court will ordinarily limit its consideration for COA to the issues you identify.

You have 21 days from the date of this letter to submit a motion that complies with Local rule Section 22(a). The failure to comply with the Circuit Local Rule Section 22(a) may result in the denial of a COA.

Clear as mud. Where are the Marx brothers when you need them? Mind you, the copy that this letter says is enclosed, is not. I did get a possible correct copy of the rule today from the law library here, and it does say that if the clerks office did not receive a motion for a COA when the paperwork for the appeal is filed, at the end of thirty days, the clerk was supposed to send me a letter similar to the last one above. This is the crux of the matter since I never received the letter.

I am going to take a break for a minute and see if I can locate one of the cases I can use in this process in our ill-equipped law library. My kingdom for internet lookup!

Okay I am back; it is now 8:15 PM. I found some of the cases I have used in the past. I can not find one that might help; it is the tax fraud case of the Helmslys or is that Hemsly? The hotel people. The Queen of Mean I believe the wife was called. It you could find the dates that she ended up going to Federal prison that would be great I would then be able to look in the index of individual law books that have cases from around that time. The case I am looking for is not the federal case but the New York case that was actually dismissed because the feds went first.

So if you have the right spelling, and could possibly find the case great if not, the time frame of the trials based on an internet search, once you figure out the right spelling. That ever you can do quickly and send to me is what counts now. DO NOT SPEND TIME. If all you can do is confirm the spelling that is great. I am working under the gun here and not sure exactly what use the case law will have. The key thing is getting the copies of what I have previously filed with the court. Anything else is secondary. If you do not have time or talent to figure out my jumbled request simply move on to other things. NO SWEAT!

I guess that about covers things for now. I am going to P & P and then dive under the covers with a good book and read the rest of night away. Pipe Dreams at 10 PM. Did I mention that last week was one of the all theater organ shows he does from time to time. I especially love them since they tend to be show tunes and contemporary music. He said of the 1,000s that were built in the pre-talkie days, only 50 or so remain.

One is actually located in a pizza parlor in Arizona! Now that is a great place to work.

Hope all is going smoothly and the bike is now all outfitted and you are getting some good rides in!
Comments: Post a Comment

View my profile
Contact Prison Pete
Contact the Editor
Blogroll Me!

December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010

December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009

December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008

December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007

December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006

December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005

December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
May 2004
April 2004


Powered by Blogger


Emily Dickinson
Janet Evanovich
Ian Fleming
Jonathan Franzen
Robert Fulghum
Sue Grafton
Tami Hoag
Jean Shepherd

Johann Sebastian Bach
Virgil Fox
Benny Goodman
Vladimir Horowitz
Itzhak Perlman
David Russell
Lonnie Smith

Radio and TV Shows
All Things Considered
Capitol Steps
Fawlty Towers
Fresh Air
The Infinite Mind
Jazz After Hours
Jeeves and Wooster
Pipe Dreams

Media, Publishers, Networks
Augsberg Fortress Press
Hamilton Bookseller
NY Daily News
NY Newsday
NY Times
PC Magazine
WNED Buffalo, NY

Helpful Organizations

Federal Bureau of Prisons
NY State Court of Appeals
NY State Department of Corrections

Typing with a Dvorak keyboard
Fastback Book Binding System
Who links to me?