My May 6, 2013 Letter to Chief Judge Dennis Jacobs (Part II)..

Posted in the Banking Forum

A Justday

Buffalo, NY

#1 May 4, 2013
Part 2 – Absence of Facts: I have submitted the required filing of such document on December 24, 2012 in a Letter entitled “To submit the Acknowledgment and Notice of Appearance, Form D-P, and Scheduling Notification to cure the Defective Filing pertaining to the civil case no. 12-4956cv “ as shown in Exhibit II (5 pages)..

Moreover, the same December 24, 2012 Letter to Catherine O'Hagan Wolfe, the Clerk was also filed and included as Exhibit II in my January 6, 2013 Letter to Delilah Carmona, the Deputy Clerk w/ the signed ACKNOWLEDGMENT AND NOTICE OF APPEARANCE enclosed...

Since the filed copy of my signed ACKNOWLEDGMENT AND NOTICE OF APPEARANCE does not show the Date (Format Design), it does not give Court the Right and Excuse to say Non-Receipt!

Please note: This is the third time I have delivered the Signed Copy of ACKNOWLEDGMENT AND NOTICE OF APPEARANCE to your Court by ways of the Clerk and Deputy Clerk (not including the Faxed Copies)!

Part 3 – The use of questionable Legal Term: Under no circumstance, An Appellant in this case is being dragged into an argumentative need to discern w/ concern of being An Appellee – Please review the Second Circuit Local Rule 12.3 cited within the Default Notice:


Page 2

Second Circuit Local Rule 12.3 - Acknowledgment and Notice of Appearance in All Appeals :(a) Acknowledgment and Notice of Appearance Form. Within 14 days after receiving a docketing notice from the circuit clerk assigning a docket number and enclosing a copy of the appellate docket sheet, all parties must file the Acknowledgment and Notice of Appearance Form. Counsel of record listed on the form must be admitted in this court, or have pending an application for admission under LR 46.1(a) or (d). This form satisfies the requirement of FRAP 12(b); (b) Notice of Appearance Form for Substitute, Additional, or Amicus Counsel. An attorney, other than the initial counsel of record, who appears in a case in any capacity on behalf of a party or an amicus curiae must file the Notice of Appearance Form for Substitute, Additional, or Amicus Counsel at the time the attorney enters the case; (c) Failure to Comply. The appellant’s failure to take any of the above actions may result in dismissal of the appeal. The appellee’s failure to take any of the above actions may bar the appellee from being heard on the appeal.

There is a definition of Appellee when Appellant failed to file the Noitce of Appearance.. The use of Appellee in this January 10, 2013 Default Notice is therefore considered defamatory and Reckless! Further more, no legal basis cited for Decision Making as listed in Part 4 Below!

Part 4 - The Oral Argument only in A Non-Jury Trial of A Fraud Case at US Court of Appeals: In this most likely Defective if not illegal Default Notice, the Court Decision Making Process is deemed to be precarious at best if not completely unlawful!!

As a Chief Judge at the US Court of Appeals, you may explain and help me to understand the fine points in proper use of legal terms in this case! Also, since when A US Federal Court shall proceed a
Non-Jury Trial of A Fraud Case in oral argument but w/o the presiding judge + A Written Order??? Where is the legal basis for THIS???

**B) The clerk, Catherine O'Hagan Wolfe faield to comprehend the allegedly Fraudulent Behavior of Barry Jay Glickman, the Defendants' Lawyer in A Non-Jury Trial – Let me copy the excerpt of my April 16, 2013 Letter to you:

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