12/30/2005 | Order/Procedural | Filed Order. Filed Order Denying Rehearing (No. 44928), Directing Transmission of Record (No. 46087), and Regarding Proper Person Documents. Unless Parks so moves and is subsequently granted permission to file a specified document, this court will not accept, but will instead return unfiled, any other document that he submits in these appeals (44718, 44928, 45056, 46087). In Docket No. 45056, Parks has submitted a document entitled 'affidavit and exhibits.' We deny as moot any relief requested in Parks' document with respect to Docket No. 45056. In Docket No. 44928, Parks submitted on November 18, 2005, a document styled 'motion for reconsideration and order 911 please?' We construe the 'motion for reconsideration' as a petition for rehearing. [We direct the clerk of this court to file Park's petition for rehearing.] We deny rehearing, as well as any other relief requested in the petition. In light of this determination, we deny as moot any relief requested in the other documents Parks has submitted, with respect to Docket No. 44928. Additionally, Parks has requested that he be appointed counsel to pursue investigation and litigation of the issues raised in his appeals, or alternatively, that this court remand the matters with orders that they be pursued in the district courts by appointed counsel. While we treat Parks' request as a motion for appointment of counsel in this appeal, we deny the motion. [We direct the court clerk to file Park's motion for appointment of counsel, received on November 18, 2005, in Docket No. 44718.] To the extent that Parks requests relief concerning the appointment of counsel in the district court, the request is premature and improperly addressed to this court at this time. Parks' request for an order directing that he be granted November supplies, his exhibits and affidavits thereto, and his concerns regarding his inability to complete his civil appeal statements are moot. Further, we deny any relief that Parks requests pertaining to the production of documents. In all other respects, Parks' requested relief involves other courts and is outside of the scope of these appeals. With regard to Parks' December 16, 2005 filing in Docket No. 46087, Parks' motions are improper and are denied. We have not, and will not in the future, consider any exhibits that are improperly submitted to this court, including those attached to his December 16 filing. [To the extent that Parks, in the cover letter addressing the documents provisionally received in this court on December 20, 2005, requests us to consider documents outside of the record, or to supplement the record, his request is denied. The clerk of this court shall return, unfiled, the proper person documents submitted with Parks' December 20 cover letter.] Finally, we have reviewed the documents on file in Docket No. 46087 and conclude that our review of the complete record is warranted. Accordingly, within 120 days from the date of this order, the clerk of the district court shall transmit to the clerk of this court a certified copy of the trial court record in District Court Case No. CF-0411017. [The complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings.] The record shall not include any exhibits filed in the district court. [Because the district court held no hearings in the underlying case, there are no transcripts available. Thus, we deny Parks' request to mail him additional transcript request forms in Docket No. 46087, as asked for in his October 19, 2005 civil appeal statement. Likewise, it appears that no transcripts are available in Docket No. 44718.] Nos. 44718 / 44928 / 45056 / 46087 - cases are not consolidated. | | 05-25436 |
02/24/2006 | Order/Procedural | Filed Order Granting Motion. and Denying Motions for Leave to file Documents. On December 30, 2005, this court entered an order prohibiting appellant from filing any subsequent documents unless he has first moved for, and been granted, permission to do so. Parks has filed two separate motions for leave to file documents in these appeals. In No. 44718 we grant Park's February 9 motion. The clerk shall file park's reply provisionally received in this court on February 9, 2006. In both Nos. 44718 and 46087, Parks filed a February 16, 2006 motion that he be allowed to file a letter. As the January 23 letter does not pertain to our consideration of the issues raised in those appeals, his request is denied. The clerk shall return, unfiled, the January 23 letter. Nos. 44718/46087 - cases are not consolidated. | | 06-04144 |