MOTION FOR RECALL OF MANDATE AND FOR EXTENSION OF TIME TO FILE PETITION FOR REHEARING

 

          Now comes the appellant, Roger W. Knight, to move for recall of the mandate issued in this case and for an extension of time to file a petition for rehearing.  This motion is based on the Declaration by Roger W. Knight below and the Exhibits attached hereto.

          The unpublished memorandum was entered in this case on June 23, 2003, please see Exhibit C attached hereto.  A mandate was issued to the district court during July 2003.  On August 27, 2003 this Court submitted the first two pages of this unpublished memorandum to the United States Postal Service for delivery to Mr. Knight at P.O. Box 3444, Seattle, Washington 98114-3444.  Please see Exhibits A and B attached hereto.  Mr. Knight received this envelope and the first two pages of the unpublished memorandum on August 29, 2003, please see Declaration by Roger W. Knight below.

          Under FRAP 40, Mr. Knight has a right to present a petition for rehearing, either with or without a suggestion for rehearing en banc.  However, he cannot exercise this right within 14 days of the decision of this Court if he does not receive a copy of all of the decision within a few days of the decision.  Even with an extension of time, Mr. Knight cannot draft a coherent petition that addresses all of the issues decided by this court if he does not have pages 3, 4, etc. of the decision.

          Therefore, for the reasons stated herein, this Court should grant this motion to recall the mandate and for an extension of time to file a petition for rehearing.  Mr. Knight respectfully requests that a full copy of the memorandum decision be mailed to him at P.O. Box 3444, Seattle, Washington 98114.

Respectfully submitted this 2d day of September, 2003,

 

                                                _________________________________

                                                          Roger W. Knight, appellant pro se

 

 

DECLARATION BY ROGER W. KNIGHT

          Attached as Exhibit A is a true and correct copy of a portion of the envelope in which I received the first two pages of the memorandum decision.  It shows the return address of this Court, the mailing address of myself, and the postmark, dated August 27, 2003 in San Francisco, California.  I scanned this with  Hewlett Packard Scanjet with software updated to be compatible with Windows XP.  I used Adobe Photoshop to convert the image into a Joint Photographic Experts Group (JPEG) file.  And printed.

          Attached as Exhibit B is a printout of this JPEG file with the tint darkened to render the postmark easier to read.

          Attached as Exhibit C is a true and correct copy of the first two pages of the memorandum decision.  No other pages of this memorandum were in the envelope.  I have not yet received the remaining pages of this memorandum.

          I received the envelope and contents on August 29, 2003.

          I certify under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Signed September 2, 2003, in Seattle, Washington,

 

                                                          _________________________________

                                                          Roger W. Knight, appellant pro se

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