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Federal Contractor Memorandum To Counsel Or.

Date
2023-03-23

Summary

A memorandum to counsel or parties from the Office of the Clerk of the United States Court of Appeals for the Fifth Circuit, dated March 23, 2023 and filed as Document 304-2 in No. 22-40043, Feds for Medical Freedom v. Biden, USDC No. 3:21-CV-356. It transmits a copy of the court's decision and states that the court has entered judgment under Fed. R. App. P. 36. The memorandum explains the rules governing costs, rehearings and mandates, including guidance on petitions for rehearing en banc, motions to stay the mandate, pro se cases and court appointed counsel. It states that the judgment provides that each party bear its own costs on appeal. It closes with the signature block of Deputy Clerk Nancy F. Dolly for Clerk Lyle W. Cayce and lists the counsel or parties to whom it is addressed.

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Cite this document

“Federal Contractor Memorandum To Counsel Or.” Dated 2023-03-23. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/22-40043-recap-gov-uscourts-ca5-206309-506687565-2-fcace8f714/, SHA-256 5e63a79092725bbedad3e0c450f09a724716ba909dfa8f19b9f556868c51e6c6.

Full text

      Case: 22-40043     Document: 304-2     Page: 1   Date Filed: 03/23/2023




                      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

                               March 23, 2023
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW
Regarding:       Fifth Circuit Statement on Petitions for Rehearing
                 or Rehearing En Banc
                No. 22-40043   Feds for Medical Freedom v. Biden
                               USDC No. 3:21-CV-356
Enclosed is a copy of the court’s decision. The court has entered
judgment under Fed. R. App. P. 36. (However, the opinion may yet
contain typographical or printing errors which are subject to
correction.)
Fed. R. App. P. 39 through 41, and 5th Cir. R. 35, 39, and 41 govern
costs, rehearings, and mandates. 5th Cir. R. 35 and 40 require
you to attach to your petition for panel rehearing or rehearing en
banc an unmarked copy of the court’s opinion or order.      Please
read carefully the Internal Operating Procedures (IOP’s) following
Fed. R. App. P. 40 and 5th Cir. R. 35 for a discussion of when a
rehearing may be appropriate, the legal standards applied and
sanctions which may be imposed if you make a nonmeritorious
petition for rehearing en banc.
Direct Criminal Appeals. 5th Cir. R. 41 provides that a motion for
a stay of mandate under Fed. R. App. P. 41 will not be granted simply
upon request. The petition must set forth good cause for a stay
or clearly demonstrate that a substantial question will be
presented to the Supreme Court. Otherwise, this court may deny
the motion and issue the mandate immediately.
Pro Se Cases.   If you were unsuccessful in the district court
and/or on appeal, and are considering filing a petition for
certiorari in the United States Supreme Court, you do not need to
file a motion for stay of mandate under Fed. R. App. P. 41. The
issuance of the mandate does not affect the time, or your right,
to file with the Supreme Court.
Court Appointed Counsel. Court appointed counsel is responsible
for filing petition(s) for rehearing(s) (panel and/or en banc) and
writ(s) of certiorari to the U.S. Supreme Court, unless relieved
of your obligation by court order. If it is your intention to
file a motion to withdraw as counsel, you should notify your client
promptly, and advise them of the time limits for filing for
rehearing and certiorari.     Additionally, you MUST confirm that
this information was given to your client, within the body of your
motion to withdraw as counsel.

     Case: 22-40043   Document: 304-2   Page: 2   Date Filed: 03/23/2023



The judgment entered provides that each party bear its own costs
on appeal.


                                Sincerely,
                                LYLE W. CAYCE, Clerk



                                By: _______________________
                                Nancy F. Dolly, Deputy Clerk
Enclosure(s)
Mr. Lowell Harrison Becraft Jr.
Ms. Sarah Wendy Carroll
Mr. David Anthony Dalia
Mr. Gregory Dolin
Mr. James Garland Gillingham
Ms. Brianne Jenna Gorod
Mr. Gene Patrick Hamilton
Mr. Jeffrey Jennings
Mr. Jared Kelson
Mr. R. Trent McCotter
Mr. William Jeffrey Olson
Mr. Jordan E Pratt
Mr. Casen Ross
Mr. Charles Wylie Scarborough
Mr. Andrew Layton Schlafly
Mr. John Clay Sullivan
Mr. John Julian Vecchione
Mr. Daniel Winik

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