In Re Ralph Roger Bergman.ralph R. Bergman, Petitioner, v. Department of Commerce, Respondent, 979 F.2d 215 (Fed. Cir. 1992)

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US Court of Appeals for the Federal Circuit - 979 F.2d 215 (Fed. Cir. 1992) Aug. 24, 1992

MOTIONS DENIED.

ON MOTION

LOURIE, Circuit Judge.


ORDER

Ralph Roger Bergman submits a "motion for an extraordinary writ" requesting that the court (1) deny the government the privilege of pleading under "assumption of truth" in opposing Bergman's present appeal no. 92-3490, (2) deny the government the privilege of invoking sovereign immunity in 92-3490, and (3) deny the government the use of "prior litigation victories."

Bergman's submission is not an "extraordinary writ," as that procedure is not appropriate when a matter may be reviewed in the context of an ordinary, contemporaneous appeal. Moses H. Cone Hospital v. Mercury Constr. Corp., 460 U.S. 1, 8 n. 6 (1983). Accordingly, Bergman's requests are being treated as motions within the context of appeal no. 92-3490.

Bergman's arguments concern the merits of his case. These arguments should be presented in Bergman's briefs.

Accordingly,

IT IS ORDERED THAT:

(1) Bergman's motions are denied.

(2) Bergman's brief is due within 21 days.