of Appellate Procedure. We cannot accept motions submitted under
- Date
- 2022-06-21
Summary
A letter dated June 21, 2022 from the Office of the Clerk of the United States Court of Appeals for the Fifth Circuit to Michael Webb, the movant-appellant, docketing the appeal in No. 22-10597, U.S. Navy SEALs 1-26 v. Biden, from USDC No. 4:21-CV-1236 -O. It is filed in the district court as Document 184 in Case 4:21-cv-01236-O. The letter states that filings are governed by the Federal Rules of Appellate Procedure and that motions under the Federal Rules of Civil Procedure cannot be accepted. It directs payment of the $505.00 filing and docketing fee within 15 days and filing of appearance forms by counsel within 14 days, and gives guidance on the electronic record on appeal, highly sensitive documents under General Order No. 2021-1, and sealing. The four-page letter ends with the court's official caption.
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Case: 22-10597 Document: 00516363187 Page: 1 Date Filed: 06/21/2022
Case 4:21-cv-01236-O Document 184 Filed 06/21/22 Page 1 of 4 PageID 5442
By Tamara Ellis at 11:50 am, Jun 21, 2022
United States Court of Appeals
FIFTH CIRCUIT
OFFICE OF THE CLERK
LYLE W. CAYCE TEL. 504-310-7700
CLERK 600 S. MAESTRI PLACE,
Suite 115
NEW ORLEANS, LA 70130
June 21, 2022
Mr. Michael Webb
955 S. Columbus Street
Room 426
Arlington, VA 22204
No. 22-10597 U.S. Navy SEALs 1-26 v. Biden
USDC No. 4:21-CV-1236 -O
Dear Mr. Webb,
We have docketed the appeal as shown above, and ask you to use the
case number above in future inquiries.
Filings in this court are governed strictly by the Federal Rules
of Appellate Procedure. We cannot accept motions submitted under
the Federal Rules of Civil Procedure. We can address only those
documents the court directs you to file, or proper motions filed
in support of the appeal. See Fed. R. App. P. and 5th Cir. R. 27 for
guidance. We will not acknowledge or act upon documents not
authorized by these rules.
You must pay to the district court clerk the $505.00 court of
appeals filing and docketing fee and notify us of the payment
within 15 days from the date of this letter. Failure to pay the
fee within 15 days will result in the dismissal of your appeal,
see 5th Cir. R. 42.3.
All counsel who desire to appear in this case must electronically
file a "Form for Appearance of Counsel" naming all parties
represented within 14 days from this date, see Fed. R. App. P. 12(b)
and 5th Cir. R. 12. This form is available on our website
www.ca5.uscourts.gov. Failure to electronically file this form
will result in removing your name from our docket. Pro se parties
are not required to file appearance forms.
ATTENTION ATTORNEYS: Attorneys are required to be a member of the
Fifth Circuit Bar and to register for Electronic Case Filing. The
"Application and Oath for Admission" form can be printed or
downloaded from the Fifth Circuit’s website, www.ca5.uscourts.gov.
Information on Electronic Case Filing is available at
www.ca5.uscourts.gov/cmecf/.
Case: 22-10597 Document: 00516363187 Page: 2 Date Filed: 06/21/2022
Case 4:21-cv-01236-O Document 184 Filed 06/21/22 Page 2 of 4 PageID 5443
ATTENTION ATTORNEYS: Direct access to the electronic record on
appeal (EROA) for pending appeals will be enabled by the U S
District Court on a per case basis. Counsel can expect to receive
notice once access to the EROA is available. Counsel must be
approved for electronic filing and must be listed in the case as
attorney of record before access will be authorized. Instructions
for accessing and downloading the EROA can be found on our website
at http://www.ca5.uscourts.gov/docs/default-
source/forms/instructions-for-electronic-record-download-
feature-of-cm. Additionally, a link to the instructions will be
included in the notice you receive from the district court.
Sealed documents, except for the presentence investigation report
in criminal appeals, will not be included in the EROA. Access to
sealed documents will continue to be provided by the district court
only upon the filing and granting of a motion to view same in this
court.
We recommend that you visit the Fifth Circuit’s website,
www.ca5.uscourts.gov and review material that will assist you
during the appeal process. We especially call to your attention
the Practitioner’s Guide and the 5th Circuit Appeal Flow Chart,
located in the Forms, Fees, and Guides tab.
ATTENTION: If you are filing Pro Se (without a lawyer) you can
request to receive correspondence from the court and other parties
by email and can also request to file pleadings through the court’s
electronic filing systems. Details explaining how you can request
this are available on the Fifth Circuit website at
http://www.ca5.uscourts.gov/docs/default-source/forms/pro-se-
filer-instructions. This is not available for any pro se serving
in confinement.
Special guidance regarding filing certain documents:
General Order No. 2021-1, dated January 15, 2021, requires parties
to file in paper highly sensitive documents (HSD) that would
ordinarily be filed under seal in CM/ECF. This includes documents
likely to be of interest to the intelligence service of a foreign
government and whose use or disclosure by a hostile foreign
government would likely cause significant harm to the United States
or its interests. Before uploading any matter as a sealed filing,
ensure it has not been designated as HSD by a district court and
does not qualify as HSD under General Order No. 2021-1.
A party seeking to designate a document as highly sensitive in the
first instance or to change its designation as HSD must do so by
motion. Parties are required to contact the Clerk’s office for
guidance before filing such motions.
Sealing Documents on Appeal: Our court has a strong presumption
of public access to our court’s records, and the court scrutinizes
any request by a party to seal pleadings, record excerpts, or other
documents on our court docket. Counsel moving to seal matters
must explain in particularity the necessity for sealing in our
court. Counsel do not satisfy this burden by simply stating that
the originating court sealed the matter, as the circumstances that
justified sealing in the originating court may have changed or may
not apply in an appellate proceeding. It is the obligation of
Case: 22-10597 Document: 00516363187 Page: 3 Date Filed: 06/21/2022
Case 4:21-cv-01236-O Document 184 Filed 06/21/22 Page 3 of 4 PageID 5444
counsel to justify a request to file under seal, just as it is
their obligation to notify the court whenever sealing is no longer
necessary. An unopposed motion to seal does not obviate a
counsel’s obligation to justify the motion to seal.
Sincerely,
LYLE W. CAYCE, Clerk
By: _________________________
Melissa B. Courseault, Deputy Clerk
504-310-7701
cc:
Mr. Michael Berry
Mr. Andrew Evan Carmichael
Mr. Chad E. Meacham
Ms. Karen S. Mitchell
Mr. Andrew Bowman Stephens
Case: 22-10597 Document: 00516363187 Page: 4 Date Filed: 06/21/2022
Case 4:21-cv-01236-O Document 184 Filed 06/21/22 Page 4 of 4 PageID 5445
Provided below is the court’s official caption. Please review the
parties listed and advise the court immediately of any
discrepancies. If you are required to file an appearance form, a
complete list of the parties should be listed on the form exactly
as they are listed on the caption.
_________
Case No. 22-10597
_________
U.S. Navy SEALs 1-26; U.S. Navy Special Warfare Combatant Craft
Crewmen 1-5; U.S. Navy Explosive Ordnance Disposal Technician 1;
U.S. Navy Divers 1-3,
Plaintiffs - Appellees
v.
Joseph R. Biden, Jr., in his official capacity as President of
the United States of America; Lloyd Austin, Secretary, U.S.
Department of Defense, In his official capacity as United States
Secretary of Defense; United States Department of Defense;
Carlos Del Toro, In his official capacity as United States
Secretary of the Navy,
Defendants - Appellees
v.
Major Michael Webb,
Movant - Appellant
File and source
- File
- gov.uscourts.txnd.355696.184.0.pdf
- Size
- 163,374 bytes
- SHA-256
- b7ee908238371a983b84f647c5c736d584e3b0fe3f8f9822b9b6971d0bbad067
- Original
- archive.org