IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CURCUIT
REV MATT HALE
Plaintiff / Appellant
V. (Case No 18-1141)
FEDERAL BUREAU OF PRISONS , ET, AL.
Defendant's / Appellees
DECLARATION OF ON-SERVICE OF APPELLEE'S OVERSIZED BRIEF AND MOTION FOR SERVICE OF THE SAME
Regardless of how the court rules on the two filings which Reverend Hale has submitted in opposition to the filing of the Appelees oversized brief, he is obliged to inform the court , under oath, as of today, August 26th he has still not been served by the Appellees with a copy of said brief even though it was ( presumably) filed nine days ago today.
In other words, the Appellees failed to serve their brief upon him, for whatever reason, and he is obliged to notify the court and Appellees of that fact. Hale obviously cannot reply to a brief which he has never seen and he naturally must protest the fact that the Appellees have failed to serve their brief upon him as the rules require. Therefore, Hale moves the court to order the Appellees to serve him with whatever brief and filings the Appellees made on August 17th , or order whatever alternative relief it deems just and appropriate in this regard. He will then naturally need a full two weeks in which to reply to the Appellees oversized brief once that service has actually taken place., assuming of course that the court has not stricken the Appeellees oversized brief altogether as he has moved it to do.
SUBMITTED AUGUST 26TH 2018
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