OK now Im confused...
OK now I'm confused. In the attempt to understand when our Appeal in the US Court of Appeals for the 2nd Circuit might be heard, I kept up on the Court's entries via pacer and all that it shows is that the Argument of the Appeal may be heard as early as the week of 06/22/2009 .
As a background statement, we filed our Notice of Appeal on December 24th 2008 and our Appeal Brief and Appendix to Appeal Brief was filed in March, and the Government Attorney's Brief for the Appellee and Supplemental Appendix for the Appellee are linked as well. In response, we filed our Plaintiffs-Appellants' Reply To Appellees' Brief which was notarized and mailed out along with Appendix D. Shortly thereafter we found out that our filings were defective, and we responded to the Notice to correct with Form T-1080 and our Motion for Leave to File Docket Entry No. 10 as Appendix D , and on June 10th the Order was FILED GRANTING our motion, but in this whole process I had no idea that I would have to also motion to have our case heard.
That is, with it being this close I would think that the Court's Docket Sheet would be more specific than it is with the statement presented that "Argument of the Appeal may be heard as early as the week of 06/22/2009," but they run the show, so I waited until a few hours ago before having my wife call the Case Manager, and what she told my wife is that I had needed to file under Rule 34 and with that the Case Manager started asking how I was doing with my chemotherapy and after some more small talk the Case Manager said she would be sending out the paperwork on Monday and that I had 14 days to reply after I received the paperwork.
Well that's that so I guess I'll know more soon, but at least you know as much as I do. Of course for those who have not kept up on the case, we are asking the USCA to Vacate the District Court's most recent Order and REMAND the case back to the USDC For Northern New York, in Albany New York for a second time. If that happens, it will mean that the 2nd Circuit Court of Appeals agrees with us and allows us to sue the IRS independent of the United States, and the case will be opened up for joiners wherein-by all joiners will automatically have the signatory status of "Private Attorneys General" (de jure) and guaranteed protections pursuant to 42 U.S.C. § 1988, Qualified Criminal Investigators pursuant to 18 U.S.C. § 1510 and Federal Witnesses pursuant to 18 U.S.C. § 1512.