DANIEL E. RADAKOVICH ATTORNEY AT LAW 900 WEST JACKSON BOULEVARD SUITE 5 - EAST CHICAGO, ILLINOIS 60607-3024 (312) 733-5116 FAX (312) 733-3001 E-maildradak@aol Via First-Class Mail and Email July 2, 2013 Robert J. Tezak 2340 South Standage Mesa, AZ 85202 Re: United States of America v. Robert J. Tezak; District Court Case No. 1:92-CR-652-5 Seventh Circuit Case No. 13-2314 Dear Mr. Tezak: This letter follows both my correspondence to you dated June 28, 201S and your email to me on Saturday, June 29, 2013 (at 3:37 p.m.). Enclosed herein please find copies of the following: 1. A copy of Document No. 6, filed yesterday with the Seventh Circuit Court of Appeals, which consists of the Statement of Attorney Daniel E. Radakovich; and 2. A copy of Document No. 7, filed yesterday by the Seventh Circuit, which consists of an Order, which is self-explanatory. I have now been instructed by the Seventh Circuit Court of Appeals to file a motion to proceed on appeal infarma pauperis before Judge Kennelly, which includes filling out the form In Forma Pauperis Application and Financial Affidavit that I have enclosed herein. It is my understanding that you did not want to file a financial affidavit. Ifyou wish to proceed with this appeal, you must fill out the enclosed In Forma Pauperis Application and Financial Affidavit and return the same to me at your earliest convenience. (I must file another Status Report with the Seventh Circuit Court of Appeals by July 15, 2013.) Mr. Tezak, it is very frustrating when I repeatedly tell you something and you either choose not to listen or do not listen. In your email of June 29, 2013, you ask: "Dan, is Now the Time to ask for a stay of the August 27 Reporting Date?" DANIELE. RADAKOVICH ATTORNEY AT LAW I have repeatedly told you that once you have filed a Notice of Appeal, Judge Kennelly loses jurisdiction over your case. You would now need to ask the Seventh Circuit Court of Appeals to stay your August 27, 2013 reporting date. This, in my opinion, will not be successful for the following reasons: A. The Seventh Circuit rarely issues a Stay ofMittimus (reporting). (You might recall that former Governor George Ryan was unable to obtain a "stay" of his reporting deadline to the United States Bureau of Prisons. His attorney was James R. Thompson.); and B. In order to seek relief in the appellate court, you must be represented by an attorney and I have already indicated that I do not wish to continue to proceed as your attorney on appeal in this matter. Please advise me immediately as to whether or not you will be filling out and returning to me the enclosed In Forma Pauperis Application and Financial Affidavit and/or how you wish to proceed. Sincerely, DER/jdk Enclosures Daniel E. Radakovich
Posted on: Thu, 11 Jul 2013 11:04:02 +0000
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