How Do I Appeal a Federal Appellate Court Decision?
Full Question:
How can I request that my Federal Employment Discrimination Case in the Southern District Court NYC be redone because I believe the Judge was bought-off and deliberately buried a new case that I was awaiting a docket number for with the old case and called it a 2nd amended complaint knowing that I had already filed a fourth amended. I filed motions asking for the court to correct this matter and they ruled in favor of the government agency I was suing and never answered my motions. The Appeals Court upheld the Federal Courts decision without examining the facts of case? How long do I have to file a request to have my case redone, if in fact I can?
09/18/2010 |
Category: Criminal ยป Appeals |
State: New York |
#23205
Answer:
A court on appeal will not typically reexamine the facts, but will only review the case for legal errors. The party losing in the Federal Court of Appeals often will file a "Petition for Certiorari" asking the Supreme Court to hear the case. To a lay person, this is an appeal, but in the Supreme Court of the United States an "appeal" is always "as of right" and cases heard by exercise of the Court's discretion--by granting the Petition for Certiorari--are not technically appeals.
See also:
https://purple.ndrn.org/amicus/timeline.pdf
http://www.law.cornell.edu/rules/supct/14.html
http://www.justice.gov/usao/eousa/kidspage/appealchart.html
