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MOTION TO DISMISS
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Commissioner_Jason
Assistant District Attorney
SITEOWNER
District Attorney
Ridgeway County District Attorney’s Office
1 Jackson St
Palmer, RC 70363
[email protected]
Counsel for Appellee
IN THE RIDGEWAY COUNTY COURT
APPELLATE DIVISION
Tomskipetski5,
Appellant(s),
vs.
LewisMedvedeva, IN HIS OFFICIAL
CAPACITY AND PERSONAL CAPACITY;
PALMER POLICE DEPARTMENT,
Appellee(s).
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Case No.: CCRC-AP-1347
MOTION TO DISMISS
Judge(s): Honorable NeilMGorsuch,
Honorable Kolibob & Honorable
Uncircuit_ALT
I. FRIVILOUS LITIGATION
The Appellant within the foregoing matter has initiated an appeal which lacks any legal basis. A claim is
frivolous when the claim lacks any arguable basis either in law or in fact Neitze v. Williams, 490 U.S.
319, 325 (1989). That means, in a frivolous claim, either: “(1) "the 'factual contentions are clearly
baseless,' such as when allegations are the product of delusion or fantasy;" or (2) "the claim is 'based on
an indisputably meritless legal theory.'" Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d
Cir. 1998). The Appellant’s sole basis for the appeal revolves around the assumption that the trial judge
was under pressure from a member of the PPD command. However, the Appellant provides no proof or
justification apart from speculations that are meritless. The Appellant’s belief is that if a defendant
celebrates a ruling in their favor – the judge was pressured; such a belief is a product of delusion and/or
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MOTION TO DISMISS
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fantasy and hence cannot be a valid stance for an appeal. The use of the phrase “..could have potentially
influenced [the judge]..” clearly demonstrates speculation, citing a possibility of the judge being
pressured – again, providing no evidence of it. No ex parte communications took place between the
Defendant(s) and the trial judge, and that no evidence was provided to justify the so called judicial
interference renders the theory without merit or legal stance. To suggest judicial interference is an
allegation of the highest degree and a mere speculation is not enough to justify an appeal that the
Appellant has filed for.
II. NO QUESTIONS OF LAW OR FACT RAISED
The Appellant within their notice of appeal has failed to raise any question of law or facts that would
warrant an appeal. The Appellant’s notice of appeal does not outline the questions they want the
Appellate Division to address, and therefore no briefs can inherently be filed due to the absence of such
question(s). Given the current nature of the Notice of Appeal, it is almost impossible for the Appellee to
provide arguments of fact or law due to the lack of foundation in an appeal in the first place. Rid. R.
App. P. 5(C)(2) “An appeal notice for a civil proceeding must set forth:..[] An advisory listing of the
issues to be raised on appeal;” No such advisory is provided by the Appellant which lists the issues to be
raised on appeal and hence, in violation of the Ridgeway County Rules of Appellate Procedure, An
appeal cannot be brought to a superior without such advisory that lists the issues or questions to be raised
on appeal, as neither the Appellee will be able to provide arguments for said issues, nor will the Courts
be able to answer any.
Therefore, the Defense pleads to the Appellate Court to dismiss this matter as it is in the interests of the
Court.
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MOTION TO DISMISS
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DATED: July 2, 2021 Respectfully Submitted.
Commissioner_Jason
Assistant District Attorney
SITEOWNER
District Attorney
Ridgeway County District Attorney’s Office
1 Jackson St
Palmer, RC 70363
[email protected]
Counsel for Appellee
Document record
File size
171.4 KB
Uploaded
Jun 21, 2021 12:00 PM
Filed
Jun 21, 2021 12:00 PM
Filing code
NOTICE_OF_APPEAL
Uploaded by
Tomskipetski5
Notes
Archived from the Trello docket (https://trello.com/c/hGr1bJ9n)
