Response To Motion To Strike Notice Of Appeal

______________________________________________________

THE CITY AND COUNTY OF DENVER
Appellee,

v.

RICHARD (RICK) STANLEY,
Appellant

Party without Attorney
Richard (Rick) Stanley
6280 E. 39th Ave.
Denver, Colorado 80207
Phone number: (303) 329-0481
Fax number: (303) 329-0498

Case No. 03CA1130

RESPONSE TO MOTION TO STRIKE NOTICE OF APPEAL

Aggrieved Appellant, Richard Stanley, hereinafter known as Rick Stanley, without assistance of counsel, submits this RESPONSE TO MOTION TO STRIKE NOTICE OF APPEAL to the pleading standard described in Haines v. Kerner, 404 U.S. 519-421 (See Hall v Bellmon 935 F.2d 1106 (10th Cir. 06/03/1991) and relies on the Court to explain any deficiency concerning Petitioner?s pleadings as outlined in Platsky v. C.I.A. 953 F.2d. 25. Additionally, pro se litigants are to be given reasonable opportunity to remedy the defects in their pleadings. Reynoldson v Shillinger 907F .2d 124, 126 (10th Cir. 1990); See also Jaxon v Circle K. Corp. 773 F.2d 1138, 1140 (10th Cir. 1985) (1)

In Section 15 of the City?s objection to Motion to Strike Notice of Appeal, it said: ?the Colorado Court of Appeals is without jurisdiction to review decisions of the Colorado Supreme Court.? The Colorado Supreme Court did not ?hear? Stanley?s case, this case has always been a lawful appeal, and still is a lawful appeal, now to the Colorado Court of Appeals. This attempt by the City and its? court to ramrod a decision on whether or not the Colorado Court of Appeals has jurisdiction, through their own minor court, is indefensible judicial arrogance. The Writ of Certiorari has been denied, with that the Colorado Supreme Court has failed to hear the case and the proper venue is the Colorado Court of Appeals. All appeal procedures have been followed. All appeal fees have been paid. The case is rightfully where it belongs at the Colorado Court of Appeals, because it has been filed according to the Colorado Rules of Procedure, and Stanley has the right for the case to be heard. If the Colorado Court of Appeals fails to do its? constitutional duty and vacate the lower courts decisions, the case will be lawfully filed in the Federal District Court of Appeals.

When one court refuses to hear a case on appeal, the appeal process is still open to appellant. The appeal has been bonded from the sentence, the appeal has moved from court to court, with all appeal fees being paid in a timely and lawful manner, and yet the City and the lower court continue to harass Stanley.

The Colorado Court of Appeals has the case at this time. Stanley awaits their decision and all matters from the lower court are vacated due to lack of jurisdiction.

WHEREFORE, Rick Stanley submits the City has no jurisdiction while the case continues to be appealed to higher courts, Stanley?s appellate remedies are not exhausted, sentence cannot be imposed while an appeal has been paid for and filed with decision yet to be rendered, and asks this court to deny the Motion to Strike Notice of Appeal.

Respectfully submitted,

_______________________
Rick Stanley

CERTIFICATE OF DELIVERY

I HEREBY CERTIFY that the foregoing RESPONSE TO MOTION TO STRIKE NOTICE OF APPEAL was delivered on this ______day of June, 2003, by placing the same in the U.S. Mail, postage prepaid, addressed to:

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Rick Stanley

City and County of Denver Court
Clerk of the County Court
1437 Bannock Street
Denver, Colorado 80202

Office of the City Attorney
James C. Thomas No. 13583
Paul W. Puckett No. 5885
Assistant City Attorneys
201 W. Colfax Ave. Dept. 1207
Denver, Colorado 80202

Judge Robert S. Hyatt
Denver County District Court
1437 Bannock Street
Denver, Colorado 80202

Colorado State Supreme Court
Mac V. Danford, Clerk
2 East Fourteenth Street Suite 401
Denver, Colorado 80203

Colorado Court of Appeals
2 East Fourteenth Street 3rd Floor
Denver, Colorado 80203