Appellant's Motion to File After the Limit

UNITED STATES COURT OF APPEALS
DISTRICT OF COLUMBIA CIRCUIT

No.95-5338

September Term, 1995
USDC No. 95cv01018
William Thomas, et al., Appellants

v.

United States of America, et al., Appellees

APPELLANT'S MOTION TO FILE AFTER THE LIMIT
APPELLANT'S COMBINED OPPOSITION TO THE
DISTRICT OF COLUMBIA AND FEDERAL APPELLEES'
MOTIONS FOR SUMMARY AFFIRMANCE

Appellant hereby moves for leave to file a Combined Opposition to the District of Columbia and Federal Appellees' Motions for Summary Affirmance after the time limit.

On November 13, 1995 both the District of Columbia and Federal Appellees filed Motions for Summary Affirmance, with service by mail.

Those two motions, along with a third Motion for Summary Affirmance, also filed on November 13, 1995, in a separate case currently pending before this Court (Thomas v. United States, et. al., U.S.App. No. 95-5340 [Thomas 1]), were mistakenly delivered by the mail carrier to the home of Jacqui McMillian. Ms. McMillian delivered the three Motions to appellant, but not unti very late on the evening of November 23, 1995 (Thanksgiving).

Appellant was able to respond to Appellees' Motion in Thomas I, just within the time limit. Because of the delay in delivery of the Motions appellant was unable to file an Opposition to the outstanding Motions in the instant case until this time.

Had it not been for the misdelivery of appellees' Motions by the Post Office this Opposition, and the Opposition filed on November 27. 1995 in Thomas I, would

1

have been filed within the limits, and more carefully written.

Appellant regrets being unable to research, read, think, and write fast enough to have completed Opposition in both cases within the time limits. That not being the case, appellant can only request that this honorable Court consider the misdelivery of appellees' motion a mistake for which appellant should not be penalized, and permit appellant to file the instant Opposition outside the proscribed time limit.

Respectfully submitted,

William Thomas, appellant, pro se.
Appellant, pro se
P.O. Box 27217
Washington, D.C. 20038
202-462-0757

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Motion to File Outside the Time Limit an Opposition to Appellees' Motion for Summary Affirmance has been mailed, postage prepaid, this 29th day of November 1995, to

Marina Utgoff Braswell
Assistant United States Attorney
Judiciary Center Building
555 4th Street N.W., Rm 10-820
Washington, D.C. 20001

and upon counsel for the District of Columbia, in the same manner, addressed to:

Bruce Brennan
Assistant Corporation Counsel, D.C.
Office of the Corporation Counsel
441 4th Street, N.W.
Suite 6-S-101
Washington, D.C. 20001

William Thomas