I had two cases in front of local district judge and GOP appointee David Cercone. They were both tossed when Byron Allen lost his case against Comcast. I'm appealing both of them. Unfortunately, no matter what Kanye says, my not friend President Trump has appointed all kinds of horrific judges to sit on the Third Circuit appeals courts. I know one of these judges, Peter Phipps, who has been written about in the past, openly sabotaged a former Fieldworks colleague of mine, He was promoted to the Third Circuit of Appeals. So, filing an appeal might be the same as throwing an anvil to a drowning man. But that's why they play em. Anyway, here's the notice of appeal for Elisabeth Wheeler and Pivot Physical Therapy.
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Elisabeth Wheeler, Pivot Physical Therapy
formerly known as
NOTICE OF APPEAL
(On several Judge Cercones Judgments/Orders)
Comcast’s position holds African American litigants, and anyone else who falls under the protections of the 1866 Civil Rights Act, to a nearly impossible standard. Racist corporate executives don’t make a habit of walking around saying, “I would give that guy a contract if he weren’t black.” Even when they do think and act like that, they rarely commit such thoughts to an e-mail. Comcast wants black people to be able to prove a level of racism most white people won’t admit to. Under Comcast’s logic, all of their executives could have met with Allen while wearing MAGA hats and asked him which “s___hole country” his ancestors came from—and then simply told Allen they weren’t going to carry his network because of “economic” reasons.
Notice is hereby given that Philip Shropshire, with In Forma Pauperis already granted (Doc 2, May 15, 2018, ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Signed by Judge David S. Cercone on 5/15/18.), Plaintiff in the above named case, hereby appeals to the United States Court of Appeals for the Circuit from (1) Document 37, March 17th, 2020, the opinion resolving 31 Defendant's Motion to Dismiss and (2) Document 38, March 17th 2020, the order granting 31 Defendant's Motion to Dismiss and (3) Document 39, March 17th 2020, final judgment pursuant to FRCP 58 and (4) Document 40, March 17th 2020, which is somewhat unclear but let's appeal it anyway at least until I'm more certain what it actually says. For some reason, PACER won't allow me to download it.
Certificate of Service
I certify that on the ______day of ______2019 this statement will be emailed or mailed to the Defendant's lawyers and a copy was either mailed or delivered to the clerk's office.
Probably the best thing I've ever written online is this. I argued that nothing could kill piracy and Harlan, a great writer who I miss, said that his lawsuit had something to do with stopping piracy. Harlan got a great settlement. Who was right? Go here to find out. Yes that answers the question. I'm very proud of my clever footnotes.
Why I Don't Support Harlan Ellison's KICK Internet Piracy Lawsuit