Kellogg Appeal - Pt. II

"Kellogg Appeal" page (above) covers Docket. Nos. 1-24... New filings since February '11 continue here in 'folder' form, Docket Nos. 25-on. (Created Sept.'11)

"Kellogg Appeal" - MainPage by Scottie Addison — last modified 2011-09-12 02:25 AM

Link to 'Rich Document' on this case, Doc. 1-24

25_MOTION to Appoint Counsel: by Scottie Addison — last modified 2011-09-12 01:48 AM

Defendant Dale Kellogg... has spoken to Keith Goody, who has agreed to take on his case, if appointed CJA. (sds, ) Filed & Entered: 03/04/2011 Kellogg promptly found a reputable Wyoming attorney willing to represent the appeal, and moved for his appointment as instructed. Curiously, the motion was sent by mail on 2/24/11, but not entered until 3/4/11.

26_CJA 20 Payment: by Scottie Addison — last modified 2011-09-12 01:52 AM

Attorney payment made to James Whiting in the amount of $3,007.51, from voucher number 110222000105, signed by the Honorable Judge William F. Downes. (jl, ) Filed & Entered: 03/10/2011 ....... The Judge quickly made sure that Whiting got paid in full after bungling the case and dumping it... then sat on it for over 4 months.

27_ORDER Dismissing Appeal: by Scottie Addison — last modified 2011-09-12 01:55 AM

The Defendant's motions are DENIED; the Judgment and Sentence imposed by the Magistrate is AFFIRMED and Mr. Kellogg's appeal is DISMISSED. (sds, ) Filed & Entered: 07/18/2011 ....... Full title: "Order Affirming Sentence and Conviction and Dismissing Appeal". The Judge disregards Kellogg's Response and Motions, refuses to appoint a new attorney, adopts the trial judgment without Appellant briefs or further scrutiny, and disposes of the case. It looks like it's over...

28_Motion for Extension and Leave: by Scottie Addison — last modified 2011-09-12 02:01 AM

Appellant's Motion for Extension of time, with attached [28-1] Affidavit stating good cause, based on delayed service of the above [27] ORDER, and for leave of the Court to file a motion for relief under Rule 27(b), Fed. Rules of Appellate Procedure. Filed by Mail: 08/27/2011 Entered: 08/29/2011 ....... Full title: "Appellant's Motion for Extension and Leave to Petition for Review Under Rule 27(b)". Kellogg was out-of-state, did not receive the 7/18 Order until 8/15/11, and requests a 7-day extension and the Court's permission to move for relief. Because Judge Downes resigned days after dismissing the appeal, this Motion goes to the new Chief Judge for the District of Wyoming, at the main Federal Court in Cheyenne.

28-1_Affidavit for Extension by Scottie Addison — last modified 2011-09-12 02:09 AM

Full Title: "'Appellant's Declaration In Support of Motion for Extension". Kellogg was out of state when the Court's 7/18 Order of Dismissal was served by mail, and he could not receive it... he asked that it be sent by email, but the Clerk refused, so he did not see the Order until he returned home on 8/15.

29_Order of Reassignment: by Scottie Addison — last modified 2011-09-12 02:11 AM

Judge William F Downes terminated. Case reassigned to Judge Nancy D Freudenthal for all further proceedings... For all future pleadings use case number 10−MJ−53−NDF. ... Modified on 9/2/2011 − Copy of this Order served upon Pro Se Appellant via U.S. Mail to address of record on this date (scc, ). Entered: 08/30/2011

30_Order Denying Extension: by Scottie Addison — last modified 2011-09-12 02:14 AM

"ORDER Denying 28 Appellant's Motion for Extension and Leave to Petition for Review Under Rule 27(b)", by the Honorable Judge Nancy D Freudenthal... Modified on 9/2/2011 − Copy of this Order served upon Pro Se Appellant via U.S. Mail to address of record on this date (scc, ). Entered: 09/02/2011

31_Motion to Vacate Dismissal Order: by Scottie Addison — last modified 2011-09-12 02:19 AM

"Appellant's Motion to Reconsider and Vacate Order Dismissing Appeal", regarding 27 Order for denial of counsel and due process errors per Rule 27(b). Filed with attachments [pp. 9-11] USFS Delegation of Authority (6/26/08) to an Incident Command Team in Bridger-Teton National Forest, and [pg. 12] Court Administrative Order (6/24/08) authorizing special Magistrate proceedings at Farson, Wyoming.    Filed by Mail: 09/06/2011    Entered: 09/09/2011    .......   FRAP Rule 27(b) and 10th Circuit Rule 27.2 allow certain motions for procedural relief – here to vacate the 7/18 Order for violating Rule 46.4 protections and denying legal representation, and to remand the case for appointment of new CJA counsel and submission of briefs.    Kellogg also alleges Court animus, noting that Judge Downes collaborated with the "Incident" regime of targeted enforcment, and issued the Order authorizing the 'Rainbow Tribunals' at the Farson firehouse in June 2008.