734 Rutland Avenue
 Teaneck, NJ 07666
 814–889–930

 November 30, 2009




 Judge Ruth Bader Ginsburg
 The Supreme Court of the United States 
 One First Street, NE
 Washington, DC  20543
  Phone: 202–479–3211


 Re: 2nd Circuit Court Docket #09–1474–cv, District Court Case # 09–CIV–1442


 Dear Judge Ginsburg:

     I am writing to you in your capacity as monitor for the U. S. Court of Appeals, 2nd Circuit.  I have a case in front of that Court, but it is stalled because of the Court’s refusal to act.  I am hoping that you can prod the 2nd Circuit Court to move on this case.

     This case was dismissed sua sponte by the District Court.  I was informed that I could file an appeal, and I did so and paid the filing fee.  The Court of Appeals, 2nd Circuit accepted the appeal and sent a scheduling letter on May 22, 2009, (copy enclosed). Appellant’s brief was due by June 22, 2009, Appellee’s response by July 22, 2009, and oral argument to be scheduled after September 1, 2009.

     I submitted my Appellant’s brief on June 15, 2009 (cover letter enclosed).  I was notified by a telephone call from a Deputy Clerk of the Court that my brief was all in order and accepted.

     I wrote to the Circuit Court on August 3, 2009, notifying it that the Appellee had not submitted a reply by the deadline date of July 22, 2009.  Therefore the Appellee lost his right to oral argument.  However, I wished to present oral argument and suggested dates between September 1st and 16th (letter of August 3, 2009, enclosed).  I received no response.

     On September 4, 2009, I again wrote to the Circuit Court requesting a reply to my letter of August 3, 2009.  No reply received.

     On September 14, 2009, I wrote to the Circuit Court about an issue that arose (letter enclosed).  I repeated again that I wished to present oral argument.  No reply received.

     On October 21, 2009, I again contacted the Circuit court to find the status of the case (letter enclosed).  I repeated my interest in presenting oral argument and requested that a date be set.  I have received no reply.

     I am requesting that you order the Circuit Court to immediately set a date for oral argument.


 Sincerely yours,


 Julian Heicklen
 Plaintiff
 Counsel  Pro Se

 CC: Catherine O’Hagan Wolfe, Clerk of Court, United States Court of Appeals, Second Circuit, United States Courthouse, 40 Foley Square, New York, NY 10007

 Encl. May 22, 2009, Circuit Court instructions for filings
 June 15, 2009, letter of Julian Heicklen
 August 3, 2009, letter of Julian Heicklen
 September 4, 2009 letter of Julian Heicklen
 September 14, 2009, letter of Julian Heicklen
 October 21, 2009, letter of Julian Heicklen