The Leyzorek Motion

In the Supreme Court of Appeals  of  West Virginia

 Docket No 13-1160

Pocahontas County Solid Waste Authority, Plaintiff

Vs.

Alikakos et als         (Civil Action # 07-C-30(P))                       

Motion to Deny Consideration or Extend Deadline, with Certificate of Service, 2 pages

            On 12 April, 2014, Petitioner/Appellant John Leyzorek received by U.S.Mail a copy of  Respondent/Apellee Pocahontas County Solid Waste Authority's Consolidated Response and Motion to Dismiss.  Included was a Certificate of Service indicating that the foregoing documents had been mailed on 11 April.

            On the 18^th day of December , 2013, the Supreme Court of Appeals made and entered a Scheduling Order in the instant case which prescribed that any Respondent's Brief was to be filed on or before 7^th April, 2014.

            On information and belief, the Respondent's attorney is an established law firm with multiple licensed and experienced attorneys and office staff, and has been handling this case for seven years.  The deadlines prescribed are founded in applicable Rules of Appellate Procedure, and were promulgated in a timely manner.

            The lateness of the Respondent/Appelee PCSWA's Response is not only material and unexcused, but it is of a piece with the Appellee/Respondent's established history of dilatory and contemptuous conduct of the case as described in Petitioner/Appellant's filings, and indeed with the arrogant disregard of the Law practiced by the PCSWA itself throughout its existence which has given rise to the dispute underlying this entire case.

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            Relief Requested

            For these good and sufficient reasons, Petitioner/Appellant prays that this Honorable Court will refuse to consider Respondent/Appellee PCSWA's Response in this case, and proceed to resolution.   In the alternative, if the Court chooses to condone Respondent/Appellee PCSWA's behavior, Petitioner/Appellant prays that his deadline for submission of Reply Brief be appropriately extended.

Respectfully Submitted and served upon

the Supreme Court of Appeals by U.S.  Mail, c/o

Rory L. Perry II, Clerk of Court

State Capitol Rm E-317
1900 Kanawha Blvd. East
Charleston WV 25305          AND

 Pocahontas County Solid Waste Authority through its presumptive attorney Gregory Tingler/ David Sims, address POB 2659, Elkins WV 26241      AND

Pocahontas County Circuit Clerk,   ALL by depositing in U.S.Mail on Monday 14 April 2014

(signed)

By Defendant Pro Se John Leyzorek   304-799-7191

2133 Edray Road

Marlinton, WV 24954

John Leyzorek, pro se defendant is not an attorney, and recognizes and admits his ignorance of many fine points of law and procedure, but respectfully asserts  an understanding of the principles of justice and of his rights and of the Law in this case.     

 He respectfully demands as his right recognized in Cottrell v Cottrell, Bush v Hammer, and others, the indulgence and assistance of this honorable Court, wherever his research or his knowledge of  procedure may be deficient but he attempts in good faith to make a valid point or to assert a right, or wherever a valid defense or a right exists of which he is ignorant.

He reserves the right to edit this filing to correct errors or add supporting material.

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