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On June 2, 2003 Wil's first attempt to prepare a brief requesting an appeal before the United States Supreme Court was returned with the request that he make certain corrections. It was redone to comply with the requests. Again, his brief was returned. The rules for formatting (specifying, among other things, page size and font) proved to be too much. As of April 2004 the main group of Wil's supporters felt there was no good reason to bear further expense and running into additinal brick walls. Moreover, even if the brief were accepted there is next to no chance that the Supreme Court would agree to hear the case. Only a tiny percent are accepted.
Below you will find the following:
1)- Wil's request for help form the National Coalition of Free Men (NCFM). This letter sets forth some of the double binds that make it impossible for people to submit briefs that request to be heard. NCFM and others felt there was nothing they could do to facilitate this latest request. NCFM has attempted to help Wil since 1989.
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Parnall Correctional Facility 1790 E. Parnall Road (SMT) Jackson, Michigan 49201 -7139 USA
3/22/2004
Dear Tom, I am being denied access to the U.S. Supreme Court due to a new rule signed on 1/27/2003 and effective 5/1/2003. It's rule # 33... and, mandates that anyone paying the filing fee for a Writ of Certiorari MUST comply in each aspect exactly! The rule stipulates, on page two of the memorandum dated 10/6/2003 included herein, that Petitions prepared on a typewriter are NOT acceptable! The MDOC (Michigan Department of Corrections) only allows prisoners to purchase and/or use typewriters! Further, the lower court opinion and appendix is not produced upon the new rules paper size or weight and font and the new rule does not allow photocopying to reproduce these papers which must be exhibited or the filing will not be accepted! I am effectively being denied access to the court on appeal from the 6th Circuit # 02-2242! I have written to each and every person, court, and advocacy group including Senator Carl Levin and Chief Justice Rhenquist!
This may well have caused me to go beyond the time limits they
set initially assuming that I could simply make the corrections
and re-file the petition! I wrote and advised that it was beyond
my control as a prisoner in Pro-Se (editor: doing case by himself) in State Custody even though
I was not indigent and required to pay the filing fee! HELP???
Fraternally, Editors Note: In the letter above William refers to himself as "not indigent". This is because the courts have refused to declare him indigent. This means he can not go before any official body and claim to be indigent. He is, INDEED, indigent. Remember, the courts took his assets for his divorce just before the time he was being tried for rape and then refused to recognize he did not have any assets to use to defend himself in criminal court.
------------------ Editor's Note: This document was stamped, Received December 1, 2003. For a picture of this and the next document click on Motion and Reply
IN THE SUPREME COURT OF THE UNITED STATES
________________________________
WM. J. HETHERINGTON -PETITIONER VS.
HENRY N. GRAYSON -RESPONDENT(S)
MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS The petitioner asks leave to file the attached petition for a writ of certiorari without prepayment of costs and to proceed in forma pauperis. [ ] Petitioner has previously been granted leave to proceed in forma pauperis in the following court(s):
_______________________________________________________
_______________________________________________________ [ X] Petitioner has not previously been granted leave to proceed in forma pauperis in any other court.
Petitioner's affidavit or declaration in support of this motion is attached hereto. Wm J. Hetherington
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OFFICE OF THE CLERK WASHINGTON, DC 20543-0001
William K. Suter
William J. Hetherington RE: Hetherington v. Grayson, Warden Dear Mr. Hetherington: The above-entitled petition for writ of certiorari was originally postmarked May 15, 2003 and received again on January 27, 2004. The papers are returned for the following reason(s):
They are returned for failure to reflect the changes requested in prior correspondence.
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OFFICE OF THE CLERK WASHINGTON, D. C. 20543-0001
WILLIAM K. SUTER MEMORANDUM TO THOSE INTENDING TO PREPARE A PETITION FOR A WRIT OF CERTIORARI IN BOOKLET FORMAT AND PAY THE $300 DOCKET FEE. This memorandum is directed to those who intend to prepare a petition for a writ of certiorari in booklet format pursuant to Rule 33.1 and pay the $300 docket fee required by Rule 38(a). It highlights the most common mistakes observed by the Clerk's Office. By following these guidelines you may help to expedite the processing of your petition. If you have questions, they should be directed to a case analyst in the Clerk's Office. This memorandum is useful also for those preparing appeals under Rule 18. The Rules of the Supreme Court were adopted January 27,2003, with an effective date of May 1, 2003. 1. PAGE AND TYPE SIZE: The petition and the appendix required by Rule 14 must be presented on paper that is 6 1/2 by 9 1/4 inches and not less than 60 pounds in weight as stated in Rule 33.1(a) and (c). The color of the cover must be white. Rule 33.1(g)(i). The petition shall be typeset in traditional Roman 11-point or larger type with 2-point or more leading between lines. Footnotes must be 9-point or larger with 2-point or more leading between lines. Please note that computer generated "Roman" type is smaller than traditional Roman type and you may need to increase the font size. Any type that does not measure on a typesize finder to be 11-point for the body and 9-point for footnotes will not be accepted. There is a discrepancy between what traditionally is considered ll-point type and what today's computers refer to as 11-point type. The problem encompasses both typeface and type size. The Roman type mentioned in the Rules refers to traditional roman type (as opposed to script or italics). It does not refer to computer-generated "Roman" such as "Times New Roman" font. Likewise, computer-generated Il-point type size does not always correspond to ll-point type size produced using traditional printing methods. The typeface should be similar to that used in the current volumes of the United States Reports. Rule 33.1(b). New Century Schoolbook l1-point type closely approximates the typeface used in the United States Reports. Times New Roman is acceptable if 12-point type is used for the body of the petition and 10-point type is used for footnotes. Attached are sample copies of correct and incorrect type. Petitions produced on a personal computer using word processing, electronic publish- ing, or image setting are considered typeset and are acceptable. Such petitions shall not be double-spaced. Petitions produced on a tyewriter are not acceptable. Type size and face shall be consistent throughout the petition. Rule 33.1(b). Quotations exceeding 50 words shall be indented. The text of the petition and the appendix thereto must appear on both sides of the page. Rule 33.1(b). 2. COVER and COVER PAGE INFORMATION: The front and back covers of the petition shall consist of 65-pound weight white paper. Rule 33.1(e). Items on the cover of the petition shall be in the order set forth in Rule 34.1(a) through (f ). The caption of the case must list the petitioner(s) in this Court on the topside of the versus with your real opponent(s) on the bottom side. You should not copy the caption of the case as it appeared in the lower court unless it accurately identi- fies who the petitioner(s) and who the respondent(s) are in this Court. Counsel of record shall be a member of the Bar of this Court at the time the petition is presented for filing. Rule 34.1(f). Names of other attorneys who are members of the Bars of the several states may be listed on the cover, but names of non-lawyers such as research assistants, law students, and advisors may not appear on the cover under any circumstances; nor are they to be credited with having contributed to the preparation of the petition either in the text, in a footnote, or at the conclusion of the petition. If you are representing yourself, your name, address, and telephone number shall appear on the cover. If the names of the parties are too lengthy to be fully included on the cover of the petition, a short caption may be used. The complete listing of the parties to the proceeding in this Court shall be Editors Note: This is the end of the example that Wil sent NCFM.
----------------- REJECTIONS William has sent out numerous requests for help. This link will display an Adobe Reader document (PDF format) that contains examples of two letters of rejection. One from the Rutherford Institute and the other from the ADW G. Skipper, Programs. Click on: Rejections from foundations to provide help. If you would like more dtailed information about Wil's case overall, please visit Documents and Archives. |