Donofrio v. Wells: Emergency Stay Application Officially Renewed

by Phil on 11/17/2008

This afternoon, Mr. Leo Donofrio (Donofrio v. Wells) reports that he has officially renewed his Application for Emergency Stay to Associate Justice Clarence Thomas. He’s also going to be interviewed on the radio over the next two nights…

[UPDATE: Upcoming Radio interviews with Leo Donofrio:

Leo Donofrio will be interviewed on Plains Radio tonight at 9:00 PM EST.

Leo Donofrio will be interviewed on the Alan Stang program, Nov. 18 at 8:00 AM EST.] 

On Friday Nov. 14, 2008, Leo C. Donofrio sent, by US Postal Express Mail, a letter, as required by Supreme Court Rule 22.4, to the Clerk of the United States Supreme Court – William K. Suter – requesting his Emergency Stay Application as to the national election by renewed to the Honorable Associate Justice Clarence Thomas by right of law, specifically Supreme Court Rule 22.4 .

As of 1:17 PM the renewed application has not been updated to the US Supreme Court automated Docket.

According to Supreme Court Rule 22.1, the Clerk is demanded to “transmit it promptly” to the Justice it is addressed to.  Please recall that on Nov. 3rd, Leo Donofrio originally submitted this same emergency stay application to the US Supreme Court.  Despite the stay clerk – Mr. Danny Bickell – having assured Leo Donofrio that the application would be given to the Honorable Associate Justice David Souter that night, it was not transmitted promptly.  In fact, it was not transmitted at all after Mr. Bickell, having made an illegal and improper substantive judgment of law, thereby denied the application on his own volition.

The emergency stay application was eventually submitted to the Honorable Associate Justice David Souter, four days late, on November 6, after Mr. Bickell was forced to concede that his denial had been improper.

The emergency stay application, having been brought to the US Supreme Court from a denial of the New Jersey Supreme Court, was required by Supreme Court Rule 22.3 to be submitted to Justice Souter as he is the Justice assigned to the Third Circuit which includes New Jersey.  The application was denied by Justice Souter on Nov. 6, and such denial therefore triggered Leo Donofrio’s legal right, under Rule 22.4 to renew the emergency stay application to “any other Justice.”  Mr. Donofrio has chosen to renew the application to the Honorable Associate Justice Clarence Thomas.

Hopefully, this time, the emergency stay application will be promptly transmitted to the Honorable Associate Justice Clarence Thomas.  

The renewed application was delivered to the US Supreme Court Clerk’s office at exactly 7:46 AM by US Postal Express Mail.  (Click link for US Postal proof of delivery.)


Update:

The docket has now been successfully updated:

http://origin.www.supremecourtus.gov/docket/08a407.htm

No. 08A407
Title:
Leo C. Donofrio, Applicant
v.
Nina Mitchell Wells, New Jersey Secretary of State
Docketed:
Lower Ct: Supreme Court of New Jersey
  Case Nos.: (AM-0153-08T2 at the New Jersey Appellate Division without a docket number)
~~~Date~~~  ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Nov 3 2008 Application (08A407) for stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Souter.
Nov 6 2008 Application (08A407) denied by Justice Souter.
Nov 14 2008 Application (08A407) refiled and submitted to Justice Thomas.

~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Leo C. Donofrio P.O. Box 93
East Brunswick, NJ  08816
Party name: Leo C. Donofrio

There is 1 comment in this article:

  1. 11/28/2008The Right Side of Life » Blog Archive » Wrotnowski v. Bysiewicz: Application Denied by Justice Ginsburg says:

    […] I will continue to watch and see if Mr. Wrotnowski follows the same path of Leo Donofrio’s renewed stay application to a different Justice in his case of Donofrio v. Wells without going through the hijinks of […]

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