March 19, 2008
FOR IMMEDIATE RELEASE
CONTACT: Boyd Ed Graves, J.D.
Graves v. U.S.A. Case No. 07-056782
Ninth Circuit Court of Appeals
Ninth Circuit (Goliath) poised to dispel indigent petitioner
(, CA.) In a March 14, 2008 Order, a three-Judge panel of the Ninth Circuit in has ruled that AIDS activist, Boyd Ed Graves, J.D., must pay the excessive $455 filing fee and “show cause” as to why the lower court’s decision should not be summarily affirmed.
What is troubling in this case is that Graves has filed his ‘opening brief’ with the Court as of February 6, 2008. In order for the ‘show cause’ order to have significance, it should have been filed prior to submission of Graves’ February brief, observers believe.
A review of the relevant Court rule (9th Cir. R. 3-6) further provides that Graves’ February brief, supersedes the requirement to show cause and that Graves should merely have to pay the filing fee within the 21 day period (of March 14th) as prescribed by the Court.
“Although the three-Judge panel overlooked the opening brief filed with the Court in February, it is not peculiar to see this ‘extraordinary’ attempt by the judiciary to further snuff the U.S. documents concluding a laboratory birth of HIV/AIDS,” Graves said.
“Any one who knows me, knows that I have continuously pursued my Constitutional right to life,” Graves said. “My actions seek to strengthen the security of my homeland, the United States of America."
Court observers believe that upon the paying of the filing fee, the briefing schedule will be restored. The brief of the U.S. Attorney General is due April 21, 2008.