Coy Patriot.,et al. }
Appellant-Petitioner } No. 00-0000
}
Vs. } Motion for Rehearing and
} Motion for Rehearing en Banc
United States of America et al. )
Respondant-Appellant }
Appellant Patriot files this Motion for Rehearing and Motion for Rehearing en Banc of the per curiam opinion dated September 15, 2006 on the grounds that several of the issues addressed are of such importance to warrant consideration of the entire Appellate court en banc. At least one error in the lower court’s decision should be manifestly clear: the U.S. District Court made a serious mistake and may have used an altered court order. That issue should be remanded back to the lower court since forged court orders should not be a basis for further orders of the court system.
1. On October 24, 2005, the District Court, the Honorable G. Ross Anderson, USDJ-SC issued a premature order due to a mistake by the assistant US Attorney. Then Patriot made a Motion for Reconsideration on November 12, 2005; which was denied on December 5, 2005. Then Patriot filed his first appeal to this court.
2. The DOJ filed their reply brief on March 23, 2006; which informed Patriot about the Judge’s second order dated November 18, 2005 (appx page 54). Patriot had not been sent a copy of the November 18, 2006 order.
3. Patriot was concerned about the peculiar procedure where nobody sent him an order from a Federal Judge. Therefore, Patriot checked on PACER and discovered that the November 18, 2005 order had never been posted on PACER and had not been placed on the docket. Patriot immediately notified the clerk of court in SC that an official court document was not filed correctly or had been altered.
Since the said court order was not sent to Patriot, not filed in court and not available on PACER, due to the usual event, one would question what was the reason behind these strange activities. Any normal person would be suspicious.
4. The Courts should immediately inquire of any possible wrongdoing. However, nobody in the District Court made any effort.
5. Therefore, this case should be remanded to the lower court for some kind of investigation. An altered order cannot support any further court action.
Therefore, Appellant requests that this Court hear this case rather than dismiss it out of hand. Appellant also requests that this Court find in his favor on account of the procedural violations of the District Court.
Certificate of Service: I do hereby certify that on this date I delivered properly a copy of this pleading to opposing counsel.
September 25, 2006
__________________
Coy Patriot., Pro Se
1500 West Freedom St
Freetown, SC 00100