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An Appeal in SCO v. Novell - But Not the One You Expected
Tuesday, August 05 2008 @ 02:53 PM EDT

The guy who tried to intervene from prison in SCO v. Novell and was denied has filed a notice of appeal. That means the court clerk has to send the entire docket to the appeals court with his notice and the original order.

I started to feel a measure of indignation, but then I realized that I feel pretty much the same way about SCO tying up the courts with what I view as nonsense. So what can you do? Some folks will do performance art, some will misuse the courts for anticompetitive reasons, etc. It is what it is.

The court has already sent the necessary papers along. Also, the court has granted Novell an extension of time to file a proposed final judgment and pre-judgment interest submission, which the parties had stipulated to. The new date is August 22. The parties had jointly made the request for more time, because they are negotiating to try to resolve some remaining issues between them, including one big one -- should this be a final judgment prior to the arbitration and the constructive trust being decided?

Here is the docket:

08/01/2008 - 544 - ORDER granting 543 Motion for Extension of Time for Proposed Final Judgment and Pre-Judgment Interest Submission. Signed by Judge Dale A. Kimball on 7/31/08. (jwt) (Entered: 08/01/2008)

08/01/2008 - 545 - NOTICE OF APPEAL as to 541 Order on Motion for Miscellaneous Relief filed by Jonathan Lee Riches. Appeals to the USCA for the Tenth Circuit. Fee Status: Not Paid. (jmr) (Entered: 08/04/2008)

08/04/2008 - 546 - Transmission of Preliminary Record to USCA re 545 Notice of Appeal; packet to appellant. (Attachments: # 1 Notice of Appeal, # 2 Order, # 3 Docket)(jmr) (Entered: 08/04/2008)

You will notice the appellant did not pay the fee. Here's what can happen if you don't pay the fee, or here, or at least file asking the court to let you use the court system without paying the fee. Or more accurately asking the court to make you and me to pay the fee.


An Appeal in SCO v. Novell - But Not the One You Expected | 226 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections thread
Authored by: Aladdin Sane on Tuesday, August 05 2008 @ 03:02 PM EDT

Please post corrections to the story here, by replying to this comment.

Please summarize the correction in your comment's title.


"Experience is what you get when you didn't get what you wanted." --R. Pausch

[ Reply to This | # ]

[NP] Discuss Groklaw News Picks here.
Authored by: Aladdin Sane on Tuesday, August 05 2008 @ 03:05 PM EDT

Timely and polite rants about stories in the news, as delimited by Groklaw's News Picks can be posted here.

Please remember to cite the story you are commenting on.

"Experience is what you get when you didn't get what you wanted." --R. Pausch

[ Reply to This | # ]

[OT] The Off Topic thread.
Authored by: Aladdin Sane on Tuesday, August 05 2008 @ 03:09 PM EDT

Comments that are not directly related to the above story will probably fit here. Please check out Groklaw's Comments Policy so that we can have a civil and interesting discussion.


"Experience is what you get when you didn't get what you wanted." --R. Pausch

[ Reply to This | # ]

Legal Latin for "poor person"
Authored by: Aladdin Sane on Tuesday, August 05 2008 @ 03:23 PM EDT

The Riches appeal brought to mind a legal term that I find interesting, and is worth knowing, just for general knowledge, In Forma Pauperis.

IN FORMA PAUPERIS - Lat. 'in the form of a pauper.' Someone who is without the funds to pursue the normal costs of a lawsuit or criminal defense. Upon the court's granting of this status the person is entitled to waiver of normal costs and/or appointment of counsel (but seldom in other than a criminal case).
The Riches Intervention probably doesn't have much to do with the concept, not sure, but I thought for general legal knowledge it is worth talking about; as the poor are often less well educated, and often don't know the legalese for saying to the Court, "I'm poor and can't afford the fees to file a lawsuit."

"Experience is what you get when you didn't get what you wanted." --R. Pausch

[ Reply to This | # ]

Riches is rather amusing....
Authored by: Anonymous on Tuesday, August 05 2008 @ 03:35 PM EDT

I couldn't help but give a small internal chuckle on reading his document. There's a number of things he could do to achieve better results (assuming - of course - that he actually has something and is not just looking for a "get out of jail for one day free" card).

Obviously he has way too much unproductive time on his hands.


[ Reply to This | # ]

What can happen - first link
Authored by: Anonymous on Tuesday, August 05 2008 @ 04:15 PM EDT

Is this what you mean by what can happen if one doesn't pay the fee? From the first link:

MANDATE of USCA dated 10/29/07 regarding notice of appeal 8 ; IT IS ORDERED that this appeal is dismissed for failure to pay the required docketing fee pursuant to Circuit Rule 3(b), IT IS FURTHER ORDERED that the appellant pay the appellate fees of $455 to the clerk of the district court. The clerk of the district court shall collect the appellate fees from the prisoner's trust fund account using the mechanism of Section 1915(b) Newlin v. Helman, 123 F.3d 429, 433 (7th Cir. 1997).; USCA No. 07-3163. (gcy, )

Bold added

[ Reply to This | # ]

Vexatious Litigant
Authored by: rgmoore on Tuesday, August 05 2008 @ 06:37 PM EDT

Isn't there some standard procedure for having a person like this declared a vexatious litigant? If so, why hasn't it happened already?

Behind every sleazy lawyer, there's a sleazy client.

[ Reply to This | # ]

But Not the One You Expected
Authored by: Anonymous on Tuesday, August 05 2008 @ 06:52 PM EDT
Actually, I did expect this.

Mr. Riches and SCO go together far too well. One nutcase riding on the
coattails of a whole barrel full.

[ Reply to This | # ]

Q: Who would waste their time?
Authored by: Anonymous on Tuesday, August 05 2008 @ 11:23 PM EDT
A: Someone with nothing but time.

[ Reply to This | # ]

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