Francis Akinro v. Towson Library

Filing 2

INFORMAL BRIEFING ORDER filed. Informal Opening Brief due 07/09/2010 Informal response brief, if any: 17 days after informal opening brief filed. [10-1666] (CH)

Francis Akinro v. Towson Library

Doc. 2

Filed: June 15, 2010 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1666, Francis Akinro v. Towson Library 1:10-cv-01458-BEL __________________________________ INFORMAL BRIEFING ORDER ____________________________ This case has been placed on the Court's docket under the abovereferenced number, which should be used on papers subsequently filed in this Court. The case shall proceed on an informal briefing schedule pursuant to Local Rule 34(b). The Informal Brief Form is attached. Informal briefs shall be served and filed within the time provided in the following schedule. Only the original Informal Brief is required; no copies need be filed unless requested by the Court. Informal Opening Brief due: 07/09/2010 Informal Response Brief permitted within 17 days of filing of Informal Opening Brief (filing of an Informal Response Brief is not required) Informal Reply Brief permitted within 13 days of filing of Informal Response Brief, if any. If the Informal Opening Brief is not served and filed within the scheduled time, the case will be subject to dismissal pursuant to Local Rule 45 for failure to prosecute. Extensions of briefing deadlines are not favored by the Court and are granted only for good cause stated in writing. The Court will not consider issues that are not specifically raised in the Informal Opening Brief. If a transcript is necessary for consideration of an issue, appellant must order the transcript. Parties who qualify to proceed without prepayment of fees and costs may apply for preparation of the transcript at government expense. A motion for transcript at government expense should be filed in the district court in the

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first instance. A motion for transcript at government expense filed in the Court of Appeals should be filed together with and will be considered in light of the Informal Opening Brief. The record is filed in the Court of Appeals in informally briefed cases. Therefore, no appendix is necessary. Any party wishing to review the record in the Clerk's Office must make advance arrangements to do so. If appellant was represented by appointed counsel below, counsel's appointment does not continue on appeal unless an order is entered by this Court appointing counsel on appeal. The Court will not appoint counsel or schedule a case for oral argument unless it concludes, after having reviewed the Informal Opening Brief, that the case cannot be decided on the basis of the informal briefs and the record. Counsel filing an informal brief on behalf of appellee must also complete and file an Appearance of Counsel form. Parties in civil and agency appeals must file a Disclosure of Corporate Affiliations within 14 days of the Informal Briefing Order, except that a disclosure statement is not required from the United States, from indigent parties, or from state or local governments in pro se cases. Parties are responsible for ensuring that social security numbers, juvenile names, dates of birth, and financial account numbers are redacted from any documents filed with the Court and that any sealed materials are filed in accordance with the enclosed Memorandum on Sealed and Confidential Materials. Attorneys must obtain an Appellate CM/ECF Filer Account, required for any attorney filings as of June 1, 2008, as outlined in the Notice Regarding Implementation of CM/ECF. /s/ PATRICIA S. CONNOR, CLERK By: Cyndi Halupa, Deputy Clerk Copies: Francis Akinro P. O. Box 23510 Baltimore, MD 21203

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT DIRECTIONS FOR INFORMAL BRIEF 1. Preparation of Brief. The Court will consider this case according to the written issues, facts, and arguments presented in the Informal Briefs. Space is provided to present up to four issues. Additional issues may be presented by attaching additional sheets. The Court will not consider issues that are not specifically raised in the Informal Briefs. Informal Briefs must be legible and concise, and any attached pages must be sequentially numbered. Informal Briefs may be filed on the form provided or in memorandum or formal briefing format. 2. Copies required. * File the original of the Informal Brief with the Court. If you would like a file stamped copy returned, send an extra copy and a self addressed stamped envelope. The Court's address is: Clerk U.S. Court of Appeals, Fourth Circuit U.S. Courthouse Annex, 5th Floor 1100 East Main Street Richmond, VA 23219 * Send one copy of the Informal Brief to each of the parties in the case. 3. Certificate of Service Required. You must certify sent each of the other parties or attorneys complete all documents you send the Court. Service on a party by counsel shall be made on counsel. Be certain that certification shows the complete name and address of or attorney to whom copies were sent and the date of that you copies of represented your each party mailing.

4. Signature Required. You must sign your Informal Brief and all Certificates of Service. If the Informal Opening Brief is not signed, the case will be subject to dismissal under this Court's Local Rule 45.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT INFORMAL BRIEF No. 10-1666, Francis Akinro v. Towson Library 1:10-cv-01458-BEL

1. Jurisdiction (for appellants/petitioners only) A. Name of court or agency from which review is sought: B. Date(s) of order or orders for which review is sought: 2. Timeliness of notice of appeal or petition for review (for prisoners only) Exact date on which notice of appeal or petition for review was placed in institution's internal mailing system for mailing to court: 3. Issues for Review Use the following spaces to set forth the facts and argument in support of the issues you wish the Court of Appeals to consider. The parties may cite case law, but citations are not required. Issue 1. Supporting Facts and Argument.

Issue 2. Supporting Facts and Argument.

Issue 3. Supporting Facts and Argument.

Issue 4. Supporting Facts and Argument

4. Relief Requested Identify the precise action you want the Court of Appeals to take:

5. Prior appeals (for appellants/petitioners only) A. Have you filed other cases in this Court? Yes [ ] No [ ] B. If you checked YES, what are the case names and docket numbers for those appeals and what was the ultimate disposition of each?

_________________________ Signature [Notarization Not Required] _________________________ [Please Print Your Name Here] CERTIFICATE OF SERVICE ********************** I certify that on ____________ I served a copy of this Informal Brief on all parties, addressed as shown below:

_________________________ Signature

MEMORANDUM ON SEALED AND CONFIDENTIAL MATERIALS FRAP 25(a)(5) & LOCAL RULE 25(c) Redaction of Personal Data Identifiers: The Federal Rules of Appellate Procedure require that the following personal data identifiers be excluded or redacted from documents filed with the Court: Social Security & EIN Numbers: Use 4 digits only. Names of Minor Children: Use initials only. Dates of Birth: Use year only. Financial Account Numbers: Use last 4 digits only. Home Addresses in Criminal Cases: Use city and state only. If these identifiers must be included in full in documents filed with the Court, the documents must be filed under seal with a certificate of confidentiality, and redacted copies of the documents must be filed for the public file. The federal rules exempt the following documents from the redaction requirement: the account number or address of property subject to a forfeiture action; state court records; agency records; court records that were not subject to redaction requirements when created; filings in social security and immigration cases; pro se filings in 28 U.S.C. § § 2241, 2254, or 2255 cases; and documents preceding the charging document, the charging document, the arrest warrant, and the search warrant in a criminal case. Parties should exercise caution with regard to any sensitive personal data in filings. Counsel should notify their clients that filings will be made available over the internet, so that an informed decision can be made about inclusion of sensitive information. The clerk will not review filings for redaction or sealing. Certificates of Confidentiality: Personal data identifiers and material sealed by the district court or agency may be filed under seal on appeal if accompanied by a certificate of confidentiality identifying the sealed matter as personal data identifiers or items sealed by the district court or agency. Motions to Seal: A party seeking to seal material in addition to personal data identifiers or material sealed below; to seal an entire brief, motion, or other non-record document; or to seal all party filings on appeal, must file a motion to seal in this Court. Cases which proceeded under seal in the district court, including grand jury matters, will not proceed under seal on appeal unless this Court grants a motion to seal the parties' filings on appeal. Appendices: When sealed material is included in the appendix,

it must be segregated from other portions of the appendix and filed in a separate, sealed volume of the appendix. The front of the sealed volume must be conspicuously marked SEALED, and the volume must be accompanied by a certificate of confidentiality. Four copies of sealed volumes of the appendix must be filed, together with four copies of the certificate of confidentiality, in an envelope marked SEALED. Six copies of unsealed volumes of appendix are required (five copies from court-appointed counsel). Sealed and unsealed volumes of appendix are filed in paper form only using the entry NOTICE OF PAPER FILING. Briefs, Motions, and Other Documents: When sealed material is included in a brief, motion, or any document other than an appendix, two versions of the document must be filed: (i) a complete version under seal in which the sealed material has been distinctively marked and (ii) a redacted version of the same document for the public file. The front of the sealed brief, motion, or other document must be conspicuously marked SEALED, and the document must be accompanied by a certificate of confidentiality or motion to seal. Four copies of sealed versions of briefs must be filed, together with four copies of the certificate of confidentiality or motion to seal, in an envelope marked SEALED. Eight copies of unsealed versions of the brief are required (six from court-appointed counsel). Sealed versions of briefs are filed in electronic form using the entry SEALED BRIEF FILED which automatically restricts electronic access to the Court. The electronic version of other sealed documents is filed using the entry SEALED DOCUMENT OR MOTION FILED, which also restricts electronic access to the Court.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
1100 East Main Street, Suite 501 Richmond, Virginia 23219-3517 www.ca4.uscourts.gov

___________________________________________ CHANGE OF ADDRESS NOTICE (PRO SE) ___________________________________________ No. 10-1666, Francis Akinro v. Towson Library 1:10-cv-01458-BEL

If your address changes, it is your obligation to notify the Clerk. If your address changes and you do not notify the Clerk, we will not be responsible for your failure to receive documents from the Court. THE CLERK IS HEREBY NOTIFIED THAT MY ADDRESS SHOULD BE CHANGED TO: Name: Street/P. O. Box: City/State/ZIP: Telephone Number: Prison (if applicable): Prisoner's Reg. No. (if applicable): Release Date (if applicable): Effective Date for Change of Address: Signature: