Kenneth Rijock

Kenneth Rijock

Wednesday, April 22, 2015

FIFTH CIRCUIT AGAIN LECTURES ALLEN STANFORD ON LAW AND PROCEDURE


The Fifth Circuit Court of Appeals has once more scolded Allen Stanford, lecturing him on both Federal law, and civil procedure. After having reprinted the District Court gag order currently still in full force and effect, in the 5th Circuit court file, apparently Mr. Stanford, and the individual who is ghost-writing his appellate filings for him, failed to get the message.

The Court has now entered this order, which was filed on April 16, 2015:

PER CURIAM:
"Appellant moves to vacate the District Court's gag order, and to be granted permission to speak with the media, concerning the status of his appeal. We currently lack jurisdiction, under the Collateral Order Doctrine*, to decide appellant's motion; appellant's earlier motion to vacate the gag order was denied by the District Court without prejudice, and Appellant has not re-filed his motion in the District Court.[citation omitted]

     IT IS ORDERED that Appellant's motion, requesting that the District Court's gag order be vacated, is dismissed, without prejudice to Appellant moving to vacate the gag order in the District Court in the first instance".

Perhaps Mr; Stanford, and his paralegal assistants, whoever they may be, should actually research the law, as well as both the rules of civil and appellate procedure, before filing any more motions before the Fifth Circuit. Prison law libraries are there for that reason; use them.

__________________________________________________________________________
* Stanford filed a motion to vacate the District Court's gag order, which appeared to be an underhanded attempt to file an appeal of that order, but which is barred because it is neither a final judgment, nor in the class of rulings that conclusively decide an issue separate from the merits of the case, and which would be effectively unreviewable after the entry of a final judgment. That is why the Court cited the Collateral Order Doctrine.

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