Yes Gary, the judge did acknowledge the fact that I did not have to ask for permission to file the interlocutory appeal because it is/was my Right to do so.
I did it that way where I asked for permission to file the interlocutory appeal because I wanted a Stay in the proceedings in the Name of the United States as a Defendant because I wanted the Government’s Motion to Dismiss put on hold until the Second Circuit could review the Subject.
The Order (Docket # 23) Denying our Motion to strike the notice of appearance of the attorneys for the IRS and all pleadings filed by those attorneys is Dated July 11th.
Our Application for Leave to Bring an Interlocutory Appeal of The Court's July 11, 2008 Order and Request for a Stay of Proceedings in the Name of the United States as a Defendant and Memorandum in Support of Plaintiff's Motion for Refusal of Notice of Appearance and to Strike All Pleadings...In the Name of the United States Because the United States is Not a Defendant in the Captioned Case, and Grant Plaintiffs' Request for the Interlocutory Appeal Without Requiring Bond, was Filed on July 15th.
And, the Order Denying in all respects our request for an order granting leave to file an interlocutory appeal and for a stay pending such appeal is Dated July 17th.
That restarted my 10-day Clock to File for an Interlocutory Appeal as a Matter of Right, and another 10-days to pay the $455.00 filing fee.
My concern of course is that the hearing date for both my Motion for Injunctive Relief to return to work so I could afford to feed my family, pay my bills and continue with this case, and the IRS’ Motion to Dismiss was scheduled for last Friday. There is no Decisions posted on either of the motions and the Court Clerk is now telling me it is not unusual for the Court to take several months to make a decision.
Being but out of work by the IRS back in January, the only I reason I have the $455.00 for a filing fee is because Bob Schulz and his wife loaned it to me. If I use it to file for an Interlocutory Appeal as a Matter of Right and the court checkmates me by honoring the IRS’ Motion to Dismiss right after I pay the fee for an Interlocutory Appeal, it becomes moot and to boot I won’t have anything to pay the filing fee for the Appeal of the Order to Dismiss.
If on the other hand, the court stays silent to allow the Interlocutory Appeal to move forward as a Matter of Right but requires my to post Bond, which was a subject of my Request, then without the Right to Work I’m checkmated still.
----- Original Message ----
From: Gary D <garytrust@...
Sent: Monday, July 21, 2008 8:18:43 PM
Subject: RE: [tips_and_tricks] I just don’t know
within the ORDER it says:
The appeal of that order does NOT require LEAVE of court and plaintiff's are
ALREADY entitled to FILE such an APPEAL.