Thomas A. Lamb 2806 Howe Place #1 Anchorage, Alaska 99517 Phone: 907-306-5855 E-mail: tlamb775@aol.

com

IN THE SUPREME COURT FOR THE STATE OF ALASKA

THOMAS A. LAMB, Appellant, vs. BARACK OBAMA, Appellee

) ) ) ) ) ) ) ) ) ) Supreme Court No.:S-15155 ) ) Superior Court No.: 3AN-12-09961 CI ) )

MOTION TO ACCEPT LATE FILING COMES NOW THOMAS A. LAMB, pro se, pursuant to Alaska Rules of Appellate Civil Procedure 502 and 503, files his Motion to Accept Late Filing. STATEMENT OF THE CASE The Appellant Thomas A. Lamb (Lamb herein) received a final judgment denying his motion for reconsideration via the United States Postal Service (USPS herein). The date of the judgment and distribution is April 1st, 2013. Accordingly, Lamb filed a Notice of Appeal with this Court.

Given there is a deadline to file an appeal1 , Lamb mailed his Notice of Appeal and accompanying required documents through the UPS store on Northern Lights on May 2nd , 2013. The USPS processed the documents and documents mailed to Appellee Barack Obama on May 3rd , 2013, were signed for by THE WHITE HOUSE OFFICE on May 15th, 2013. 2 On May 17th, 2013 this Court issued a deficiency notice indicating that the documents Lamb mailed on May 2nd , 2013 and filed on May 6th , 2013 were filed five (5) days late. LEGAL ARGUMENT It is Lambs understanding that in computing the time for filing an appeal, Alaska Rules of Appellate Procedure 502 considers the date of the postmark on the documents mailed as the time for the purpose of computation of a filing. Moreover, it is the understanding of Lamb, that three (3) days are added to the date of distribution if the order is mailed. (c) Additional Time After Service or Distribution by Mail. Whenever a party has the right or is required to act within a prescribed number of days after the service or distribution of a document, and the document is served or distributed by mail, three calendar days shall be added to the prescribed period. However, no additional time shall be added if a court order specifies a particular calendar date by which an act must occur.
1 2

See http://courts.alaska.gov/app.htm#204 See Exhibit A

(d) Mailing of Papers for Filing. Papers may be filed either by delivering them to the office of the clerk of the appellate courts in Anchorage, Fairbanks, or Juneau, or by mailing them to: Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501. The date of mailing, as shown by the postmark affixed by the United States Postal Service, or other proof from the postal service, will be deemed to be the date of filing. Postage from any other source, such as a private postage meter, the internet, or a postal service self-service kiosk will not suffice as proof of the date of mailing and papers postmarked in this manner will be deemed filed on the date of receipt by the clerk. Accordingly, it is the understanding of Lamb that adding three (3) days to computing the filing time, would place the filing deadline on Saturday May 4th, 2013 and Alaska Appellate Rules of Civil Procedure 502 (a) would apply: (a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than seven days, not counting any period added for mailing under subsection (c) of this rule, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.

It is the understanding of Lamb that since the filing deadline date falls on a Saturday, the filing deadline would fall on Monday May 6th, 2013. This Court has outlined its position on pro se litigants in Collins v. Arctic Builders , 957 P 2d 980 (Alaska 1998) CONCLUSION

Therefore Lamb respectfully asks this Court to accept his documents. Dated this day of May, 2013

Respectfully submitted ____________________________ Thomas A. Lamb

CERTIFICATE OF SERVICE The undersigned certifies that on this day of May, 2013 I caused a copy of the foregoing to be served by First Class USPS certified mail to the following parties known address: Barack Obama 1600 Pennsylvania Ave. Northwest Washington D.C. 20500

________________________________ Thomas A. Lamb