Prison Pete

Friday, April 21, 2006
  Confusing Legalese.
[Editor] This is a letter I recently received from Pete with a copy of some legal documents. All names, places, dates, and numbers have been changed to protect the innocent and the guilty. It doesn't make much sense to me, but I am not a lawyer. Neither is Pete, and apparently even the court is confused about their own procedures. If there is a lesson in all this, I suppose it is to behave yourself so that you don't get tangled in the sticky web that is our justice system.

I received your letter today. THANK YOU. It was good to hear from you. I will respond to your letter tomorrow, as this letter is a simple request for your assistance in my never ending search for justice.

I do not know if you have been keeping track of some of the hoops I have jumped through in the last year, but as you might be able to tell from the enclosed court document I am now being told to go back to the start. Strange.

According to my understanding of the law they cite, the missing paperwork was supposed to be issued by the court automatically when I originally filed the notice of appeal over a year ago!

If the second highest court system in this country (U.S. Supreme Court being the highest) can not figure out what is going on, how am I supposed to know what needs to be done? Of course the good news in this I am not dead yet. Hope is still springing eternally.

Would you be kind enough to Xerox two copies of the enclosed court order and send one copy to the court with the enclosed letter, and keep one copy in the archives? Please return the original to me when you send me your next letter. I'm asking because in order to get one copy of this page it would take me over a week of waiting.

Thanks for your help. I have enclosed an envelope for you to mail to the court.


To: Clerk of the U.S. District Court
Re: Prison Pete v. Attorney General State of New York
Docket Number: 08-qjc-59 - Certificate of Appealability

To whom it may concern:

Enclosed please find an order from the U.S. Court of Appeals stating the need for the District Court to issue a Certificate of Appealability as stated in FRAP Rule 16(c) and Circuit Rule 27b.

According to the way I understand the above rules, the district court judge was supposed to rule on the Certificate of Appealability at the time the Notice of Appeal was filed. Since this was not done, I am respectfully asking that the district court judge rule on the issue at this time.

Thank you for your attention to this matter.



Date: 4/14/06
Docket Number: 27-gkrw-163
Short Title: Prison Pete v. Attorney General State of New York
DC Docket Number: 08-qjc-59
DC Judge: Honorable Seymour Johnson

At a stated term of the United States Court of Appeals, held at the United States Courthouse, on the 14th day of April, two thousand and six.

Prison Pete,



Attorney General of New York,


A notice of appeal having been filed from an order denying relief in a application brought under the provisions of 17 U.S.C. Section 1361, and it appearing that the file of the proceedings does not contain either a certificate of appealability or a denial thereof, it is ORDERED that said appeal be, and it hereby is DISMISSED without prejudice to the appeal being reinstated upon notice to the Clerk within 30 days from the entry of an order by the district judge granted or denying a certificate of appealability. Any motions pending prior to the entry of this order of dismissal are deemed MOOT.

In accordance with Rule 16(c) of the Federal Rules of Appellate Procedure, and Circuit Rule 27b, you are hereby directed to promptly move for a certificate of appealability in the district court.

For the Court,
Bernice E. Fitzgerald, Clerk

By: Virginia Roberts
Deputy Clerk
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?