Petition for Writ of Certiorari — Edward Shane West-El, Petitioner v. Miami Parking Authority, et al.

APPENDIX A

/

USCA11 Case: 20-12234

Date Filed: 08/17/2020

Page: 1 of 2

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

No. 20-12234-G

EDWARD SHANE WEST-EL,

Plaintiff-Appellant,

versus

MIAMI PARKING AUTHORITY,

MIAMI PARKING AUTHORITY EMPLOYEES,

CACOSTA,

L. THAMES,

MIAMI-DADE COUNTY, FLORIDA,

Defendants-Appellees.

Appeal from the United States District Court

for the Southern District of Florida

Before: ROSENBAUM, BRANCH and LAGOA, Circuit Judges.

BY THE COURT:

This appeal is DISMISSED, sua sponte, for lack of jurisdiction. Edward West-El appeals

from the district court’s September 20, 2019 order dismissing his pro se 42 U.S.C.

§ 1983 complaint. Because Mr. West-El’s notice of appeal was not filed until June 16, 2020 and

he did not file a timely tolling motion or request additional time to file a notice of appeal under

Federal Rule of Appellate Procedure 4(a)(5) or (6), his appeal is untimely, and we lack

jurisdiction over it. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), (4)(A), (5), (6),

(7)(A)(ii); Hamer v. Neighborhood Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017); Green v. Drug

Enf’t Admin., 606 F.3d 1296, 1300-02 (11th Cir. 2010). Furthermore, we decline to construe Mr.

USCA11 Case: 20-12234

Date Filed: 08/17/2020

Page: 2 of 2

West-El’s late notice of appeal as a motion to reopen the appeal period under Federal Rule of

Appellate Procedure 4(a)(6) because he has not alleged that he did not receive notice of the

district court’s order within 21 days of its entry. See Fed. R. App. P. 4(a)(6); 28 U.S.C.

§ 2107(c).

No motion for reconsideration may be filed unless it complies with the timing and other

requirements of 11th Cir. R. 27-2 and all other applicable rules.

2

20-12234

Edward Shane West-El

17701 NW 3 2ND AVE

MIAMI GARDENS, FL 33056

UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

ELBERT PARR TUTTLE COURT OF APPEALS BUILDING

56 Forsyth Street, N.W.

Atlanta, Georgia 30303

For rules and forms visit

www.cal 1 .uscourts.gov

David J. Smith

Clerk of Court

July 08, 2020

Edward Shane West-El

17701 NW 32ND AVE

MIAMI GARDENS, FL 33056

Appeal Number: 20-12234-G

Case Style: Edward West-El v. Miami Parking Authority, et al

District Court Docket No: l:19-cv-23712-FAM

We have received a copy of the order of the district court which does not allow this appeal to

proceed in forma pauperis. Rule 24(a)(5) of the Federal Rules of Appellate Procedure provides:

A party may file a motion to proceed on appeal in forma pauperis in the court of appeals within

30 days after service of the notice prescribed in Rule 24(a)(4). The motion must include a copy

of the affidavit filed in the district court and the district court's statement of reasons for its

action. If no affidavit was filed in the district court, the party must include the affidavit

prescribed by Rule 24(a)(1).

You may within thirty (30) days from this date either pay to the DISTRICT COURT clerk the

docketing and filing fee or you may move in this court for leave to proceed on appeal as a

pauper (form enclosed). See 11th Cir. R. 24-2.

Sincerely,

DAVID J. SMITH, Clerk of Court

Reply to: Lee Aaron, G/csg.

Phone#: 404-335-6172

Enclosure(s)

DKT-6AIFP denied by DC after docketing

Motion for Permission to

Appeal In Forma Pauperis and Affidavit

United States Court of Appeals for the Eleventh Circuit

Court of Appeals No.

District Court No.

v.

Instructions: Complete all questions in this application and then sign it. Do not leave any blanks: if the answer to a

question is “0,” “none,” or “not applicable (N/A),” write in that response. If you need more space to answer a question or

to explain your answer, attach a separate sheet of paper identified with your name, your case’s docket number, and the

question number.

________________________________________________________________________ __

Affidavit in Support of Motion

I swear or affirm under penalty of perjury that, because of my poverty, I cannot prepay the docket fees of my appeal

or post a bond for them. I believe I am entitled to redress. I swear or affirm under penalty of perjury under United

States laws that my answers on this form are true and correct. (28 U.S.C. § 1746; 18 U.S.C. § 1621.)

Date:

Signed:

1. My issues on appeal are:

Rev.: 2/14

2.

For both you and your spouse, estimate the average amount of money received from each of the following

sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly,

semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions

for taxes or otherwise.

Average monthly amount

during the past 12 months

Income Source

You

Amount expected next

month

Spouse

You

Spouse

Employment

$

$

$

$

Self-employment

$

$

$

$

Income from real property

(such as rental income)

$

$

$

$

Interests and dividends

$

$

$

$

Gifts

$

$

$

Alimony

$

$

$

$

Child support

$

$

$

$

Retirement (such as Social Security, pensions, annuities,

insurance)

$

$

$

$

Disability (such as Social Security, insurance payments)

$

$

$

$

Unemployment payments

$

$

$

$

Public-assistance (such as welfare)

$

$

$

$

Other (specify):

$

$

$

$

$

$

$

$

Total monthly income:

3.

■

$

List your employment history for the past two years, most recent employerfirst. (Gross monthly pay is before

taxes or other deductions.)

Employer

Dates of Employment

Address

Gross Monthly

Pay

4.

List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is

before taxes or other deductions.)

5.

How much cash do you and your spouse have? $

2

Below, state any money you or your spouse have in bank accounts or in any other financial institution.

Financial Institution

Amount you have

Type of Account

Amount your

spouse has

$

$

$

$

$

If you are a prisoner seeking to appeal a judgment in a civil action or proceeding, you must attach a)

statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances)

during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you)

have been in multiple institutions, attach one certified statement ofjeach account)

6.

List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary

householdfurnishings.

Home (Value)

Other Real Estate (Value)

Motor Vehicle #1 (Value)

Make & Year:__________

Model:________________

Registration #:

Other Assets (Value)

Motor Vehicle #2 (Value)

Other Assets (Value)

Make & Year__________

Model:

Registration #:

7.

State every person, business, or organization owing you or your spouse money, and the amount owed.

Person owing you or your

spouse money

Amount owed to you

3

Amount owed to your spouse

8. State the persons who rely on you or your spouse for support.

Name [or, if under 18, initials only]

Relationship

9.

Age

Estimate the average monthly expenses ofyou and yourfamily. Show separately the amounts paid by your

spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the

monthly rate.

Your Spouse

You

$

$

Are real-estate taxes included? □ Yes □ No

$

$

Is property insurance included? □ Yes □ No

$

$

Utilities (electricity, heating fuel, water, sewer, and telephone)

$

$

Home maintenance (repairs and upkeep) ■

$

$

Food

$

$

Clothing

$

$

Laundry and dry-cleaning

$

$

Medical and dental expenses

$

$

Transportation (not including motor vehicle payments)

$

$

Recreation, entertainment, newspapers, magazines, etc.

$

$

Insurance (not deducted from wages or included in mortgage payments)

$

$

Homeowner’s or renter’s

$

$

Life.

$

$

Health

$

$

Motor Vehicle

$

$

Other:

$

$

Taxes (not deducted from wages or included in

mortgage payments) (specify): _____

$

$

Installment payments

$

$

$

$

Credit card (name):

$

$

Department store (name):

$

$

Other:

$_

$

For home-mortgage payment (include lot rented for mobile home)

Motor Vehicle

4

/•

Alimony, maintenance, and support paid to others

$

$

Regular expenses for operation of business, profession, or farm (attach detailed

statement)

$

$

Other (specify):

$

$

Total monthly expenses

$

■

$

10. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the

next 12 months?

□ Yes □ No

If yes, describe on an attached sheet.

11. Have you spent - or will you be spending - any money for expenses or attorney fees in connection with this

lawsuit?

□ Yes □ No

If yes, how much: $

12. Provide any other information that will help explain why you cannot pay the docket fees for your appeal.

13. State the city and state ofyour legal residence.

Your daytime phone number: (

Your age:_________________

Your years of schooling:

Last four digits of your Social Security number: __ ______

5

APPENDIX B

UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

B

ELBERT PARR TUTTLE COURT OF APPEALS BUILDING

56 Forsyth Street, N.W.

Atlanta, Georgia 30303

For rules and forms visit

www.cal 1 .uscourts.gov

David J. Smith

Clerk of Court

June 24, 2020

Edward Shane West-El

17701 NW 3 2ND AVE

MIAMI GARDENS, FL 33056

Appeal Number: 20-12234-G

Case Style: Edward West-El v. Miami Parking Authority, et al

District Court Docket No: 1:19-cv-23712-FAM

This Court requires all counsel to file documents electronically using the Electronic Case

Files ("ECF") system, unless exempted for good cause. Non-incarcerated pro se parties

are permitted to use the ECF system by registering for an account at www.pacer.gov.

Information and training materials related to electronic filing, are available at

www.call.uscourts.gov.

The referenced case has been docketed in this court. Please use the appellate docket number

noted above when making inquiries.

Attorneys who wish to participate in this appeal must be admitted to the bar of this Court,

admitted for this particular proceeding pursuant to 11th Cir. R. 46-3, or admitted pro hac vice

pursuant to 11th Cir. R. 46-4. In addition, all attorneys (except court-appointed counsel) who

wish to participate in this appeal must file an Appearance of Counsel form within 14 days. The

Application for Admission to the Bar and Appearance of Counsel Form are available at

www .cal 1 .uscourts.gov. The clerk generally may not process filings from an attorney until that

attorney files an appearance form. See 11th Cir. R. 46-6(b).

Every motion, petition, brief, answer, response and reply filed must contain a Certificate of

Interested Persons and Corporate Disclosure Statement (CIP). Appellants/Petitioners must file a

CIP within 14 days after the date the case or appeal is docketed in this court;

Appellees/Respondents/Intervenors/Other Parties must file a CIP within 28 days after the case

or appeal is docketed in this court, regardless of whether appellants/petitioners have filed a CIP.

See FRAP 26.1 and 11th Cir. R. 26.1-1.

, -4

On the same day a party or amicus curiae first files its paper or e-filed CIP, that filer must also

complete the court's web-based CIP at the Web-Based CIP link on the court's website. Pro se

filers (except attorneys appearing in particular cases as pro se parties) are not required or

authorized to complete the web-based CIP.

Sincerely,

DAVID J. SMITH, Clerk of Court

Reply to: Lee Aaron, G

Phone#: 404-335-6172

DKT-2 Appeal WITH Deficiency

APPENDIX C

UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

ELBERT PARR TUTTLE COURT OF APPEALS BUILDING

56 Forsyth Street, N.W.

Atlanta, Georgia 30303

For rules and forms visit

www.cal 1 .uscourts.gov

David J. Smith

Clerk of Court

July 14, 2020

Edward Shane West-El

17701 NW 32ND AVE

MIAMI GARDENS, FL 33056

Appeal Number: 20-12234-G

Case Style: Edward West-El v. Miami Parking Authority, et al

District Court Docket No: 1:19-cv-23712-FAM

You are receiving this notice because you have not completed the below required filing(s)

pursuant to 11 th Cir. Rule 26.1-1:

Certificate of Interested Persons and Corporate Disclosure Statement (CIP) pursuant to 11th Cir.

R. 26.1-l(a)

Pursuant to 11th Cir. R. 26.l-5(c), failure to comply with these Rules may result in dismissal of

the case or appeal under 11th Cir. R. 42-l(b), return of deficient documents without action, or

other sanctions on counsel, the party, or both.

^

Sincerely,

DAVID J. SMITH, Clerk of Court

Reply to: Lee Aaron, G

Phone #: 404-335-6172

Enclosure(s)

CIP Deficiency Letter

U.S. COURT OF APPEALS FOR THE ELEVEN FII CIRCUIT

CERTIFICATE OF INTERESTED PERSONS

zUND CORPORATE DISCLOSURE STATEMENT (CIP)

w_________________ _

Appeal No.----------- --------- "llthCir R 96 l-l(a) (enclosed) requires the appellant or petitioner to file a Certificate of

Interesled Persons and Corporate Disclosure Statement (CIP) with this court widrin 14

days after the date the case or appeal is docketed in this courtandt0 include a CIP within

every motion petition, brief, answer, response, and reply tiled. A so, all appellees,

intervenors respondents, and all other parties to the case or appeal must file a CIP within

“S dlys after the date the case or appeal is docketed in this court. You may use this

form^to fulfill these requirements. In alphabetical order, with one name per line, pleas

list all trial judges, attorneys, persons, associations of persons, firms, partnerships, or

corporations that have an interest in the outcome of this case or appeal inclu mg

subsidiaries conglomerates, affiliates, parent corporations, any publicly held corporation

that owns 10% of more of the party’s stock, and other identifiable legal entities related

a party.

(please type or print legibly):

Rev.: 12/19

2.

For both you and your spouse, estimate the average amount of money received from each of the following

sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly,

semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions

for taxes or otherwise.

Average monthly amount

during the past 12 months

Income Source

Amount expected next

month

Spouse

You

Spouse

You

Employment

$

.$

$

$

Self-employment

$

$

$

$

Income from real property

(such as rental income)

$

$_

$

$

Interests and dividends

$

$

$

$

Gifts

$

$

$

$

Alimony

$

$

$

$

Child support

$

$

$

$

Retirement (such as Social Security, pensions, annuities,

insurance)

$

$

$

$

Disability (such as Social Security, insurance payments)

$

$

$

$

Unemployment payments

$

$

$

$

Public-assistance (such as welfare)

$

$

$

$

Other (specify):

$

$

$

$

$

$

$

$

Total monthly income:

3.

List your employment history for the past two years, most recent employer first. (Gross monthly pay is before

taxes or other deductions.)

Employer

Dates of Employment

Address

Gross Monthly

Pay

4.

List your spouse’s employment history for the past two years, most recent employerfirst. (Gross monthly pay is

before taxes or other deductions.)

5.

How much cash do you ana your spouse have? $.

2

Below, state any money you or your spouse have in bank accounts or in any other financial institution.

Financial Institution

Type of Account

Amount you have

Amount your

spouse has

$.

$

$.

$

$.

$

If you are a prisoner seeking to appeal a judgment in a civil action or proceeding, you must attach a

statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances

during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you

have been in multiple institutions, attach one certified statement of each account.

6.

List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary

household furnishings.

Home (Value)

Other Real Estate (Value)

Motor Vehicle #1 (Value)

Make & Year:_________

Model:_______________

Registration #:

Other Assets (Value)

Other Assets (Value)

Motor Vehicle #2 (Value)

Make & Year___ _______

Model:_______________

Registration #:

7.

State every person, business, or organization owing you or your spouse money, and the amount owed.

Person owing you or your

spouse money

Amount owed to you

3

Amount owed to your spouse

8. State the persons who rely on you or your spouse for support.

Name [or, if under 18, initials only]

Relationship

9.

Age

Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your

spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the

monthly rate.

You

For home-mortgage payment (include lot rented for mobile home)

Your Spouse

$

$

Are real-estate taxes included? □ Yes □ No

$

$

Is property insurance included? □ Yes □ No

$

$

Utilities (electricity, heating fuel, water, sewer, and telephone)

$

$

Home maintenance (repairs and upkeep)

$

$

Food

$

$

Clothing

$

$

Laundry and dry-cleaning

$

$

Medical and dental expenses

$

$

Transportation (not including motor vehicle payments)

$

$

Recreation, entertainment, newspapers, magazines, etc.

$

$

Insurance (not deducted from wages or included in mortgage payments)

$

$

Homeowner’s or renter’s

$

$

Life

$

$

Health

$

$

Motor Vehicle

$

$

Other:

$

$

Taxes (not deducted from wages or included in

mortgage payments) (specify):________

$

$

Installment payments

$

$

$

$

Credit card (name):

$

$

Department store (name):

$

$

Other:

$

$

Motor Vehicle

4

Alimony, maintenance, and support paid to others

$

$

Regular expenses for operation of business, profession, or farm (attach detailed

statement)

$

$

Other (specify):

$

$

$

$

Total monthly expenses

10. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the

next 12 months?

□ Yes □ No

If yes, describe on an attached sheet.

11. Have you spent - or will you be spending - any money for expenses or attorney fees in connection with this

lawsuit?

□ Yes □ No

If yes, how much: $

12. Provide any other information that will help explain why you cannot pay the docket fees for your appeal.

13. State the city and state of your legal residence.

Your daytime phone number: (.

Your age:________________

Your years of schooling:

5

20-12126

Edward Shane West-El

17701 NW 32ND AVE

MIAMI GARDENS, FL 33056

APPENDIX D

UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

ELBERT PARR TUTTLE COURT OF APPEALS BUILDING

56 Forsyth Street, N.W.

Atlanta, Georgia 30303

For rules and forms visit

www.ca 11 .uscourts.gov

David J. Smith

Clerk of Court

August 17, 2020

Clerk - Southern District of Florida

U.S. District Court

400 N MIAMI AVE

MIAMI, FL 33128-1810

Appeal Number: 20-12234-G

Case Style: Edward West-El v. Miami Parking Authority, et al

District Court Docket No: l:19-cv-23712-FAM

The enclosed copy of this Court's Order of Dismissal is issued as the mandate of this court. See

11th Cir. R. 41-4. Counsel and pro se parties are advised that pursuant to 11th Cir. R. 27-2, "a

motion to reconsider, vacate, or modify an order must be filed within 21 days of the entry of

such order. No additional time shall be allowed for mailing."

Sincerely,

DAVID J. SMITH, Clerk of Court

Reply to: Lee Aaron, G

Phone #: 404-335-6172

Enclosure(s)

DIS-4 Multi-purpose dismissal letter

Case: 20-12234

Date Filed: 08/17/2020

Page: 1 of 2

.

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

No. 20-12234-G

EDWARD SHANE WEST-EL,

Plaintiff-Appellant,

versus

MIAMI PARKING AUTHORITY,

MIAMI PARKING AUTHORITY EMPLOYEES,

CACOSTA,

L. THAMES,

MIAMI-DADE COUNTY, FLORIDA,

Defendants-Appellees.

Appeal from the United States District Court

for the Southern District of Florida

Before: ROSENBAUM, BRANCH and LAGOA, Circuit Judges.

BY THE COURT:

This appeal is DISMISSED, sua sponte, for lack of jurisdiction. Edward West-El appeals

from the district court’s September 20, 2019 order dismissing his pro se 42 U.S.C.

§ 1983 complaint. Because Mr. West-El’s notice of appeal was not filed until June 16, 2020 and

he did not file a timely tolling motion or request additional time to file a notice of appeal under

Federal Rule of Appellate Procedure 4(a)(5) or (6), his appeal is untimely, and we lack

jurisdiction over it. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), (4)(A), (5), (6),

(7)(A)(ii); Hamer v. Neighborhood Hons. Servs. of Chi., 138 S. Ct. 13, 21 (2017); Green v. Drug

Enf’t Admin., 606 F.3d 1296,1300-02 (11th Cir. 2010). Furthermore, we decline to construe Mr.

Case: 20-12234

Date Filed: 08/17/2020

Page: 2 of 2

West-El’s late notice of appeal as a motion to reopen the appeal period under Federal Rule of

Appellate Procedure 4(a)(6) because he has not alleged that he did not receive notice of the

district court’s order within 21 days of its entry. See Fed. R. App. P. 4(a)(6); 28 U.S.C.

§ 2107(c).

No motion for reconsideration may be filed unless it complies with the timing and other

requirements of 11th Cir. R. 27-2 and all other applicable rules.

2

20-12234

Edward Shane West-El

17701 NW 32ND AVE

MIAMI GARDENS, FL 33056

APPENDIX E

t

fCase: l:19-cv-23712-FAM Document #: 16 Entered on FLSD Docket: 07/02/2020 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case Number: 19-23712-CIV-MORENO

EDWARD SHANE WEST-EL,

Plaintiff,

vs.

MIAMI PARKING AUTHORITY, MIAMI

PARKING AUTHORITY EMPLOYEES,

CACOSTA, L THAMES, and MIAMI-DADE

COUNTY, FLORIDA,

Defendants.

ORDER DENYING PLAINTIFF’S

MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL

THIS CAUSE came before the Court upon Plaintiffs Motion for Leave to Proceed In Forma

Pauperis on Appeal (D.E. 10), filed on .Tune 16,2020.

THE COURT has considered the Motion, the “Affidavit of Fact Writ of Discovery” (D.E. 11),

the “Affidavit of Financial Statement” (D.E. 12), the “Affidavit of Fact Exhibit - Certificate of

Service (D.E. 13), the pertinent portions of the record, and is otherwise fully advised in the premises.

Under the law of the United States, 28 U.S.C. Section 1915, a district court may authorize an

appeal of a civil action without the prepayment of fees or costs if the petitioner has filed an affidavit

that he or she is unable to pay such costs or give such security. 28 U.S.C. § 1915(a)(1).

A party

seeking to proceed in forma pauperis on appeal must also comply with Federal Rule of Appellate

Procedure 24, which provides that the party must file a motion in the district court with an affidavit

that “shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s inability to pay

or to give security for fees and costs.” Fed. R. App. P. 24(a)(1)(A).

Section 1915 “is designed to ensure that indigent litigants have meaningful access to the

federal courts.” Neitzke v. Willliams, 490 U.S. 319, 324 (1989) (citing Adkins v. E.I. DuPont de

5*

Case 1:19-cv-23712-FAM Document 16 Entered on FLSD Docket 07/02/2020 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case Number: 19-23712-CIV-MORENO

EDWARD SHANE WEST-EL,

Plaintiff,

vs.

MIAMI PARKING AUTHORITY, MIAMI

PARKING AUTHORITY EMPLOYEES,

CACOSTA, L THAMES, and MIAMI-DADE

COUNTY, FLORIDA,

Defendants.

ORDER DENYING PLAINTIFF’S

MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL

THIS CAUSE came before the Court upon Plaintiffs Motion for Leave to Proceed In Forma

Pauperis on Appeal (D.E. 10), filed on June 16, 2020.

THE COURT has considered the Motion, the “Affidavit of Fact Writ of Discovery” (D.E. 11),

the “Affidavit of Financial Statement” (D.E. 12), the “Affidavit of Fact Exhibit - Certificate of

Service (D.E. 13), the pertinent portions of the record, and is otherwise fully advised in the premises.

Under the law of the United States, 28 U.S.C. Section 1915, a district court may authorize an

appeal of a civil action without the prepayment of fees or costs if the petitioner has filed an affidavit

that he or she is unable to pay such costs or give such security. 28 U.S.C. § 1915(a)(1).

A party

seeking to proceed in forma pauperis on appeal must also comply with Federal Rule of Appellate

Procedure 24, which provides that the party must file a motion in the district court with an affidavit

that “shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s inability to pay

or to give security for fees and costs.” Fed. R. App. P. 24(a)(1)(A).

Section 1915 “is designed to ensure that indigent litigants have meaningful access to the

federal courts.” Neitzke v. Willliams, 490 U.S. 319, 324 (1989) (citing Adkins v. E.I. DuPont de

20-12234

Edward Shane West-El

17701 NW 3 2ND AVE

MIAMI GARDENS, FL 33056

jt ^

U.S. District Court - Southern District of Florida

Edward Shane West-El

17701 NW 32nd Ave

Miami Gardens, FL 33056

Case: 1:19-CV-23712-FAM #16

4 pages

Thu Jul 2 10:22:39 2020

IMPORTANT: REDACTION REQUIREMENTS AND PRIVACY POLICY

Note: This is NOT a request for information.

Do NOT include personal identifiers in documents filed with the Court, unless

specifically permitted by the rules or Court Order. If you MUST include personal

identifiers, ONLY include the limited information noted below:

• Social Security number: last four digits only

• Taxpayer ID number: last four digits only

• Financial Account Numbers: last four digits only

• Date of Birth: year only

• Minor's name: initials only

• Home Address: city and state only (for criminal cases only).

Attorneys and parties are responsible for redacting (removing) personal identifiers from

filings. The Clerk's Office does not check filings for personal information.

Any personal information included in filings will be accessible to the public over the

internet via PACER.

For additional information, refer to Fed. R. Civ. P. 5.2 and Fed. R. Crim. P. 49.1.

Also see the CM/ECF Administrative Procedures located on the Court's website

www.flsd.uscourts.gov.

IMPORTANT: REQUIREMENT TO MAINTAIN CURRENT MAILING ADDRESS AND CONTACT INFORMATION

Pursuant to Administrative Order 2005-38, parties appearing pro se and counsel appearing

pro hac vice must file, in each pending case, a notice of change of mailing address or

contact information whenever such a change occurs. If court notices sent via the U.S. mail

are returned as undeliverable TWICE in a case, notices will no longer be sent to that party

until a current mailing address is provided.

IMPORTANT:

ADDITIONAL TIME TO RESPOND FOR NON-ELECTRONIC SERVICE

Additional days to respond may be available to parties serviced by non-electronic means.

See Fed.R.Civ.P.6(d), Fed.R.Crim.P.45(c) and Local Rule 7.1(c)(1)(A). Parties are

advised that the response deadlines automatically calculated in CMECF do NOT account

for and may NOT be accurate when service is by mail. Parties may NOT rely on response

times calculated in CMECF, which are only a general guide, and must calculate response

deadlines themselves.

See reverse side

APPENDIX F

■;

i .

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

APPEALS SECTION

305-523-5080

ANGELA E. NOBLE

CLERK OF COURT

TQ: COUNSEL OF RECORD/APPELLANT

tl

DATE:

6/16/2020

&

IN RE:

District Court No: 19-CV-23712-FAM

Style: EDWARD SHANE WEST-EL v. MIAMI PARKING AUTHORITY, et al.

ORDERING AND DESIGNATION OF REPORTER’S TRANSCRIPTS [Pursuant to FRAP 10(b)]

This will acknowledge the Notice of Appeal filed in the above case which has been transmitted to the Eleventh

Circuit Court of Appeals in Atlanta, GA.

WITHIN FOURTEEN (14) DAYS from the date of the Notice of Appeal being filed, the appellant must complete

the attached Transcript Information Form (TIF), REGARDLESS OF WHETHER TRANSCRIPTS ARE BEING

ORDERED OR NOT. The TIF must be completed and mailed to the District Court Clerk at 400 N. Miami Avenue,

Room 8N09, Miami, FL 33128-7716, ATTN: COURT REPORTER COORDINATOR in the attached envelope.

COMPLETE THE SECTION REQUESTING TRANSCRIPTS ONLY WHEN REQUESTING

TRANSCRIPTS OF HEARINGS WHICH TOOK PLACE IN THE DISTRICT COURT. Arrangements for

payment must be made with the court reporter within ten (10) days of the request.

Counsel appointed pursuant to the Criminal Justice Act must complete a CJA 24, Authorization and Voucher

for Payment of Transcript, attach it to this form and forward them to the COURT REPORTER COORDINATOR

at the above mentioned address. These forms are available at the Intake Section of the Clerk s Office.

If opposing counsel wishes to file a supplemental designation of a transcript, you must file a motion to supplement

the record with the Court of Appeals in Atlanta. If granted, a supplemental TIF must be prepared and forwarded

to the court reporter. The District Court cannot file a late designation without an order from the Court of Appeals.

The court reporter cannot accept any further designations for the purpose of appeal other than the appellant's original

unless the Court of Appeals has granted permission.

The CERTIFICATE OF READINESS OF THE RECORD ON APPEAL will be transmitted upon the filing of

the court reporter’s transcript or upon notice that a transcript will NOT be ordered.

If you have any questions, please contact the Court Reporter Coordinator at 305-523-5635.

Sincerely,

Angela E. Noble, Clerk of Court

By:

A. Perez

Deputy Clerk

attachment

□ 400 North Miami Avenue

Room 8N09

Miami, FL 33128-7716

305-523-5100

Q 301 Simonton Street, Rm 130 E] 300 South O'1 Street

□ 299 E. Broward Boulevard □ 701 Clematis Street

Ft. Pierce, FL 34950

Key West, FL 33040

West Palm Beach, FL 33401

Ft. Lauderdale, FL 33301

561-595-9691

305-296-4947

561-803-3400

954-769-5400

I.

APPENDIX G

f

* Case l:19-cv-23712-FAM Documents Entered on FLSD Docket 09/20/2019 Page lot 3

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case Number: 19-23712-CFV-MORENO

EDWARD SHANE WEST-EL,

Plaintiff,

vs.

MIAMI PARKING AUTHORITY, MIAMI

PARKING AUTHORITY EMPLOYEES,

CACOSTA, L THAMES, and MIAMI-DADE

COUNTY, FLORIDA,

Defendants.

/

ORDER DISMISSING CASE AND DENYING ALL PENDING MOTIONS AS MOOT

THIS CAUSE came before the Court upon a sua sponte examination of the record.

On September 6, 2019, Plaintiff filed a pro se Complaint against Defendants Miami

Parking Authority, Miami Parking Authority Employees, CACOSTA, L Thames, and Miami-Dade

County, Florida. The Complaint—which seeks to invoke this Court’s jurisdiction “under the

Zodiac Constitution”—alleges that Plaintiffs due process and equal protection rights were

violated when he was issued, and ordered to pay, various parking citations. (See DJE. 1 at 1, 3.)

As a result of these alleged violations, Plaintiff seeks $75,000 in compensatory damages and

$75,000 in punitive damages from each Defendant. Mat 4.

Under 28 U.S.C. Section 1915(e)(2)(B)(i), a court “shall dismiss [an in forma pauperis

action] at any time if the court determines that . . . the action ... is frivolous or malicious.”

According to the United States Supreme Court, a complaint is frivolous “where it lacks an arguable

basis in law or in fact.” Neitzke v. Williams, 490 U.S. 319,325 (1989) (discussing dismissals under

Case l:19-cv-23712-FAM Document 5 Entered on FLSD Docket 09/20/2019 Page 2 of 3

former Section 1915(d), which contained the same language as current Section 1915(e)(2)(B)(i)).

A court may dismiss claims under Section 1915(e)(2)(B)(i) where the claims rest

on an

indisputably meritless legal theory or are comprised of factual contentions that are clearly baseless.

Id. at 327.

In Neitzke, the Supreme Court provided several examples of frivolous or malicious claims.

For instance, where the defendant is clearly immune from suit, or where the plaintiff alleges

infringement of a legal interest which obviously does not exist, then the claim is founded on an

indisputably meritless legal theory. Id. at 327. In addition, claims detailing fantastic or delusional

scenarios fit into the factually baseless category. Id. at 327-28. Finally, the Court also notes that

a pro se

plaintiff must be given greater leeway in pleading his complaint. Haines v. Kerner, 404

U.S. 519 (1972).

The Court has reviewed the entirety of Plaintiffs in forma pauperis Complaint with these

principles in mind. In short, the Complaint is incomprehensible; it does not state a federal cause

of action and it fails to comply with pleading requirements under the Federal Rules of

Civil Procedure.

Therefore, the Court finds that the Complaint is frivolous under

Section 1915(e)(2)(B)(i) because it does not contain “an arguable basis in law or in fact.” See

Neitzke, 490 U.S. at 327. Accordingly, it is

are

ADJUDGED that this case is DISMISSED, and all pending motions

DENIED AS MOOT. The Clerk is directed to close the case.

DONE AND ORDERED in Chambers at Miami, Florida, this

2

<r>

of September 2019.

APPENDIX H

U.S. District Court - Southern District of Florida

Edward Shane West-El

17701 NW 32nd Ave

Miami Gardens, FL 33056

Case: l:19-cv-23712-FAM #2

2 pages

Fri Sep 6 12:52:47 2019

IMPORTANT: REDACTION REQUIREMENTS AND PRIVACY POLICY

Note: This is NOT a request for information.

Do NOT include personal identifiers in documents filed with the Court, unless

specifically permitted by the rules or Court Order. If you MUST include personal

identifiers, ONLY include the limited information noted below:

• Social Security number: last four digits only

• Taxpayer ID number: last four digits only

• Financial Account Numbers: last four digits only

• Date of Birth: year only

• Minor's name: initials only

• Home Address: city and state only (for criminal cases only).

Attorneys and parties are responsible for redacting (removing) personal identifiers from

filings. The Clerk's Office does not check filings for personal information.

Any personal information included in filings will be accessible to~4:he public over the

internet via PACER.

For additional information, refer to Fed. R. Civ. P. 5.2 and Fed. R. Crim. P. 49.1.

Also see the CM/ECF Administrative Procedures located on the Court's website

www.flsd.uscourts.gov.

IMPORTANT: REQUIREMENT TO MAINTAIN CURRENT MAILING ADDRESS AND CONTACT INFORMATION

Pursuant to Administrative Order 2005-38, parties appearing pro se and counsel appearing

pro hac vice must file, in each pending case, a notice of change of mailing address or

contact information whenever such a change occurs. If court notices sent via the U.S. mail

are returned as undeliverable TWICE in a case, notices will no longer be sent to that party

until a current mailing address is provided.

IMPORTANT:

ADDITIONAL TIME TO RESPOND FOR NON-ELECTRONIC SERVICE

Additional days to respond may be available to parties serviced by non-electronic means.

See Fed.R.Civ.P.6(d), Fed.R.Crim.P.45(c) and Local Rule 7.1(c)(1)(A). Parties are

advised that the response deadlines automatically calculated in CMECF do NOT account

for and may NOT be accurate when service is by mail. Parties may NOT rely on response

times calculated in CMECF, which are only a general guide, and must calculate response

deadlines themselves.

See reverse side

APPENDIX I

l

ELEVENTH CIRCUIT TRANSCRIPT INFORMATION FORM

TRANSCRIPT ORDER INFORMATION

PART I.

Appellant to complete andfile with the District Court Clerk and the Court ofAppeals Clerk within 14 days of the filing of the notice of

appeal in all cases, including those in which there was no hearing orfor which no transcript is ordered.

vs

Date Notice of Appeal Filed:.

Short Case Style:_

District Court No.:.

Court of Appeals No.:.

(If Available)

CHOOSE ONE:

□ No hearing □ No transcript is required for appeal purposes □ All necessary transcript(s) on file

□ I AM ORDERING A TRANSCRIPT OF THE FOLLOWING PROCEEDINGS:

Check appropriate box(es) and provide all information requested:

HEARING DATEfSJ

JUDGE/MAGISTRATE

COURT REPORTER NAME(S)

□ Pre-Trial Proceedings.

□ Trial

□ Sentence.

□ Plea

□ Other_____________ ________________________________________________________________

METHOD OF PAYMENT:

□ I CERTIFY THAT I HAVE CONTACTED THE COURT REPORTER(S) AND HAVE MADE SATISFACTORY

ARRANGEMENTS WITH THE COURT REPORTER(S) FOR PAYING THE COST OF THE TRANSCRIPT.

□ CRIMINAL JUSTICE ACT. My completed AUTH-24 requesting authorization for government payment of transcripts has been uploaded in

eVoucher and is ready for submission to the magistrate judge or district judge [if appointed by the district court] or to the circuit judge [if

ordered by or appointed by the circuit court], [A transcript of the following proceedings will be provided ONLY IF SPECIFICALLY

AUTHORIZED in Item 13 on the AUTH-24: Voir Dire; Opening and Closing Statements of Prosecution and Defense; Prosecution Rebuttal;

Jury Instructions.]

Ordering Counsel/Party:

Name of Firm: ______

Address: ___________

Phone No.:.

E-mail: ___________

/ certify that 1 have completed andfiled PART I with the District Court Clerk and the Court ofAppeals Clerk, sent a copy to the appropriate Court

Reporter(s) if ordering a transcript, and served all parties.

DATE:

Attorney for:

SIGNED:.

COURT REPORTER ACKNOWLEDGMENT

PART II.

Court Reporter to complete andfile with the District Court Clerk within 14 days of receipt. The Court Reporter shall send a copy to

the Court ofAppeals Clerk and to all parties.

Date Transcript Order received:_________________________.

□ Satisfactory arrangements for paying the cost of the transcript were completed on:_____________________

□ Satisfactory arrangements for paying the cost of the transcript have not been made.

Estimated filing date:

Estimated no. of transcript pages:

No. of hearing days:.

Phone No.:

SIGNED:

DATE:

NOTE: The transcript is due to be filed within 30 days of the date satisfactory arrangements for paying the cost of the

transcript were completed unless the Court Reporter obtains an extension of time to file the transcript.____________

PART III. NOTIFICATION THAT TRANSCRIPT HAS BEEN FILED IN DISTRICT COURT

Court Reporter to complete andfile with the District Court Clerk on date offiling transcript in District Court. The Court

Reporter shall send a copy to the Court ofAppeals Clerk on the same date.

This is to certify that the transcript has been completed and filed with the district court on (date):.

Actual No. of Volumes and Hearing Dates:.

Date:

Signature of Court Reporter:

Rev. 12/17

APPENDIX J

%

Linebarger Goggan Blair & Sampson, LLP

ATTORNEYS AT LAW

P.O. Box 01^61

Miami, FL 3j»0T-1861

1(866) 20^<14SrToII Free ^

Corey A. Hamilton, Partner

Licensed by Florida Bar

SEPTEMBER 1

Merit-Name: Miami-Dade County

Vefejefy Tag #: BRLR52

imfetmt Duey^58j80

To

WEST EDWARD SHANE

17701 NW32NDAVE

MIAMI GARDENS FL 33056-3922

UNPAICrPARKIrAfGfp/A

WES

IMPORTANT

Dear WEST EDWARD SHANE:

Our law firm has been hired to represent thefclerkofrCourt for Miami-Da1

» hdii

You were charged with the following parraag-violationfs) end court

time allowed.

lount Due

Citation No.

28733801

pf delinquent oar'kinpoMions.

r costs were not parairTthe

A

Description

RESTRICTED

Please read and complete the detachable reply roref'ar(fTrkurn it along with yStirifJayriient, within 10 days. The amount assessed is

current!v $58.80. To pay by credit card, call 1 (866) 209(1146-oriog on to http://www.fgfeswebpayment5.com and use Client Code FFMIA01

and OniBne Payment Number 46689761. Otherwise, ydUMftehier’s chec^ or money order should b/fyade payable to: Clerk of the court,

Miami-Dade County. Write the vehicle tag number on youc_payjpe^ Persona checks andjfenfijjayments wiD not be accepted.

ice of an order to impound or

Failure to respond as requested may result in the denial of your vahiel^regfetrefion renewal or

immobSize your vehicle if you have 3 or more outstanding parking citations. ^

y, or if you have

iuate now a debtor!

You may disregard this notice if you have made payment within the last 10

at the address at

been discharged from debts through a bankruptcy proceeding, then within 30 days offeceifJt of this letter, pleased

the top of this letter, in writing, the case number and the name of the court in which your trankruptcy caSawas filed.

It is very important that you give this matter your immediate attention. Our toll-free telephone numbi

are Monday through Thursday 7:00 a.m. to 9:00 p.m., Friday 8:00 a.m. to 5:00 p.m., and Saturday 8:G

Sincerely,

^

Corey A. Hamilton

Attorney at Law

PLEASE COMPLETE AND DETACH THE REPLY FORM BELOW AND RETURN IN THE ENVELOPE PROVIDED

Linebarger Goggan Blair & Sampson, LLP

PO Box 659443

San Antonio, Texas 78265

WEST EDWARD SHANE

17701 NW 32NDAVE

MIAMI GARDENS FL 33056-3922

Vehicle Tag#: BRLR52

Amount Due; $58.80 as of SEPTEMBER 12,2018

Payment should be in the form of a cashier’s check or money

order made payable to: CLERK OF THE COURT, MIAMIDADE COUNTY.

Write the vehicle tag number on your payment.

Partial payments will not bo accepted.

Personal checks will not be accepted.

When you provide a check as payment, you authorize us to

either use information from your check to make a one- time

electronic fund transfer from your account or to process the

payment as a check.

LGBS.LLP

CLIENT #: FFMIA01

PO BOX 702118

SAN ANTONIO TX 78270

*****AL LADO OPUESTO PARA ESPANOL

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2“.as!Sfr«sfS5Sno« i

crfATlON NUMBER-

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AMOUNT DUE NOW

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tiCENSE NUMBER

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9

OF METRufULimAE DADE COUNTY.

AMOUNT DUE NOW DU* M AMOUNT AFTER DUE DATE

$18.00 0S'/fts./2019 $45.00

lVenSE

STATE

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DECAL YEAR

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APPENDIX K

Off i e 1 al Recei pi:

Please keep this receipt for your records

Miami-pade County Clerk's Office

Office: North Dade District Court

Ph:

ND

FL

Miami

Date:7/18/2019 3:34 PM Cashier: niccody

Batch# 376973 PC# ND01FC06 Trans# 28

Receipt# 2320038

parking Citation

Disp:

Cit# 42860557

Name: WEST,EDWARD SHANE

1

$18,00

2400 Payable

issssssa = srscsiSisSKScits s s:» a :s s t: r s a .sns:

Transaction Total:

Cash

Change

Tendered:

T endered:

$18,00

$20.00

($2.00)

Thank you for your payment.

Have a nice day!

Worlliless payments are

subject to s. 63.065 F-'.S. charges

Date: 7/18/2015

JTlsej 3:21:47 PM

PVSM020

MIAMI-DADE COUNTY - PARKING VIOLATION SYSTEM

LINK:

CITATION DETAILS

2

ID: WEST, EDWARD SHANE

OPEN:

FL

17701 NW 32 AVE

TAG DISP:

MIAMI GARDENS FL 33056-3922

76,80 TAG STATUS:

MUN: 001 A ZONE'. _

OFFICER:

1-9006

IMPROPER PARKING

CIT#: 28733801 VI0: 2 RESTRICTED OR 02/01/2018

METER

NBR:

____

11s 06 AM

ISSUED ON :

ROLL:

METER

CHK:

_

ENTERED ON : 02/07/2018

STAT: 30-388.25

DECAL EXP: 2018

--ASSD- --PAID- CLOSED ON :

DECAL #: BRLR52

DISPOS CODE/DATE:

28.00

MAKE/STYL: DODG PK

FINE

3

03/12/2018

NOTICE CODE/DATE:

14.00

VEH COLOR: SIL ___

COST

OPER/RECEIPT:

DEVICE fr : 89523

SCHG

CRT/MOT DISP/DATE: ___

16.80

MUN CANCEL:

C FEE

STAY/DISP DUE DATE:

JUDGE: ___

MISC ;

COURT DATE/TIME/LOC: _

TOTL : ^<50^80^

BAL : C 58.80 j

j COLLECTION AGENCY INFORMATION

LO CAT ION^—LOTSO NW 8TH ST

|ACTION: M 05/06/2019 AGENCY: H

VIN:

____

PH: (866) 234-9790

PUBLIC : POSTED-HEAD IN PARKING ONLY

LINEBARGER LAW FIRM

PF12=EXIT CLEAR=MENU>

PRIVATE:

<PF5=TAG PF4=C0DES PF10=CFS

CITATION:

TO A COLLECTION AGENCY

* WARNING! CITATION HAS BEEN REFERRED

** TYPE CITATION NUMBER AND PRESS ENTER **

07/18/2019

15:21:47

TAG : BRLR52

SERV FEE:

TOT BAL :

Date: 7/13/2019.

Tima: 3:35:03 PM______

PVSMOIO

MIAMI-DADE PARKING SYSTEM - TAG SUMMARY

LINK:

07/1S/201S

X

PAGE:

15:S5:57

PVB BAL:

SERV

FEE:

58.80 H

FL

TAG: 3RLR52

COLL

BAL:

WEST,EDWARD SHANE

58.80

ID:

1

OPE2v:

TOTAL BAL:

17701 NW 32 AVE

r

:

MIAMI GARDENS FL 33056-3922

RENEW: Y

TAG STATUS:

FDD :

NO

ACTION

—=====

=

= = = COURT

=======

TOW DISP:

DUE

DISP

=—========== ======

PAID

DISP DATE ASSD

MUN

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58.80

X CITATION

58.80

1 A 2 3

28733801 02/01/2018

18.00 18.00

1

07/18/2019

1 A 1 0

42860557 07/10/2019

======= =======

—=======

TAG: ___________ _ ST: ----

pf^crt/bsd^-msg

* WARNING!

PLEASB make YOUR NEXT CHOICE

rTi' PPfi=NOT PF7=BK PF8=FR PF10=CFS. PF11=TAG

TO a coi^ctior aobhct

r

i lie Law of vuiu Judgments and Decisions

Supreme Court Decisions bn Void Orders

A judgment may not be rendered in violation of constitutional protections. The

validity of a judgment may be affected by a failure to give the constitutionally

required due process notice and an opportunity to be heard. Earle v. McVeigh, 91

US 503, 23 L Ed 398. See also Restatements, Judgments ’ 4(b). Prather vLoyd, 86

Idaho 45, 382 P2d 910.

The limitations inherent in the requirements of due process and equal protection of

the law extend to judicial as well as political branches of government, so that a

judgment may not be rendered in violation of those constitutional limitations and

guarantees. Hanson v Denckla, 357 US 235, 2 L Ed 2d 1283, 78 S Ct 1228.

A void judgment is not entitled to the respect accorded a valid adjudication, but may

be entirely disregarded, or declared inoperative by any tribunal in which effect is

sought to be given to it. It is attended by none of the consequences of a valid

adjudication. It has no legal or binding force or efficacy for any purpose or at any

place. ... It is not entitled to enforcement... All proceedings founded on the void

judgment are themselves regarded as invalid. 30A Am Jur Judgments " 44, 45.

It is a fundamental doctrine of law that a party to be affected by a personal judgment

must have his day in court, and an opportunity to be heard. Renaud v. Abbott 116

US 277, 29 L Ed 629, 6 S Ct 1194.

Every person is entitled to an opportunity to be heard in a court of law upon every

question involving his rights or interests, before he is affected by any judicial

decision on the question. Earle v McVeigh, 91 US 503, 23 L Ed 398.

No Opportunity to Be Heard

A judgment of a court without hearing the party or giving him an opportunity to be

heard is not a judicial determination of his rights. Sabariego v Maverick, 124 US

261,31 L Ed 430, 8 S Ct 461, and is not entitled to respect in any other tribunal.

"A void judgment does not create any binding obligation. Federal decisions

addressing void state court judgments include Kalb v. Feuerstein (1940) 308 US

433, 60 S Ct 343, 84 L ed 370; Ex parte Rowland (1882) 104 U.S. 604, 26 L.Ed

861:

“A judgment which is void upon its face, and which requires only an inspection of the

judgment roil to demonstrate its wants of vitality is a dead limb upon the judicial tree,

which should be lopped off, if the power to do so exists." People v. Greene, 71 Cal!

100 [16 Pac. 197, 5 Am. St. Rep. 448]. "If a court grants relief, which under the

circumstances it hasn't any authority to grant, its judgment is to that extent void."

(1 Freeman on Judgments, 120c.) An illegal order is forever void.