Motion to Govern Further Proceedings

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UNITED STATES COURT OF APPEALS
DISTRICT OF COLUMBIA CIRCUIT

No.95-5340

September Term, 1996
District Court No. 94cv02747

William Thomas,
Concepcion Picciotto, and
Ellen Thomas.
Appellants

v.

United States of America, et al.,
Appellees

BEFORE: Wald, Williams, and Rogers, Circuit Judges

MOTION TO GOVERN FURTHER PROCEEDINGS

On March 6, 1996 this Court ORDERED that "(t)he parties are directed to file motions to govern further proceedings within 30 days of this court's en banc decision in Crawford-El v. Britton, No. 94-7203," argued March 20, 1996, and decided August 27, 1996.

Sua sponte, on September 18, 1996, the Court ORDERED ,"any motion to govern further proceedings must be filed on or before October 16, 1996."

On October 16th both parties requested an extension of time for filing Motions to Govern Further Proceedings until October 23, 1996.

The district court's disposition of this case champions the premise that individuals can apply for and be granted a permit, allowing a specific act; be threatened and intimidated by the police for doing that specific act; file a lawsuit to redress those enforcement excesses; be advised by defense counsel during litigation that the exercise of the permitted action was, indeed, a regulatory violation, and have the

1

complaint dismissed under the doctrine of "official immunity." This administrative approach to reality makes a laughingstock of the permit process, and promotes the abuse of police power under the pretext of agency policy..

As more fully explained in the Memorandum, given the facts in the instant matter, to remain consistent with this Court's decision in Crawford-El, this case must also be remanded for further consideration.

For the Court's cross-referencing convenience a hypertext version of this Motion, linked to the entire record of this case, is available at http://prop1.org/clues/94appeal/mgfp1016.htm

Respectfully submitted the 23rd day of October, 1996

___________________________________
William Thomas, Appellant, Pro Se
P.O. Box 27217
Washington, D.C. 20038
(202) 462-0757

____________________________________
Concepcion Picciotto, Appellant, Pro Se
Post Office Box 4931
Washington, D.C. 20008

____________________________________
Ellen Thomas, Appellant, Pro Se
P.O. Box 27217
Washington, D.C. 20038
(202) 462-0757


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Motion to Govern Further Proceedings and the accompanying Memorandum in Support has been mailed, postage prepaid, this 23rd day of October, 1996, to:

Kimberly N. Tarver
Assistant United States Attorney
Judiciary Center Building
555 4th Street N.W., Rm 10-106
Washington, D.C. 20001

William Thomas, Appellant, pro se
P.O. Box 27217
Washington, D.C. 20038
202-462-0757



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