Next two questions; under fed appellate rule 10 (b)(1)(B)where ever it talks about the appellant (me) "file" a certificate; is that to be filed with the district court that dismissed my case, or is it file with the federal appeals court in Atlanta, or would it be with bot(h the district and the circuit courts?
As a precaution I send a copy of EVERYTHING I submit to the defendants lawyers.
If I have to file the certificate with the circuit court how do I do that? I guess write to the clerk of court for the federal circuit??
Second question, still under rule 10 (b)(2) "....the appellant must include in the record a transcript of all evidence relevant to that finding or conclusion."
[I do plan to bring up that the judge said I had no factual evidence when I did have probably a half dozen facts I had stated as evidence.]
As you replied earlier the record is everything in the file, or the actual papers listed in the docket entries. Also you said I believe from an earlier question that I can only bring up things that were mentioned in the existing file at the time of the district judges dismissal.
Maybe my confusion here is why do I have to "include in the record a transcript of all evidence" when it should already be in the file or at least be in the transcript of a hearing?