UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT 

Earnest Patriot              )      CIRCUIT COURT#_____________ 
Appellant-Plaintiff,         )      
                             )      DISTRICT COURT #8:XX-cv-xxx 
v.                           )
                             )
UNITED STATES OF AMERICA     )      MOTION FOR ENLARGEMENT OF TIME
Appellee-Defendant           )

Appellant-Plaintiff Patriot, pursuant to Rule 26(b), FRAP, moves this Court for an Enlargement of Time and for a postponement of the filing of his Appellant-brief in this case for thirty days based upon the following grounds:

1. Appellant, as attorney pro se, needs additional time to research the law, gather evidence and prepare an adequate defense against the assertions of the Appellee both in fact and law. Since Appellant is not an attorney and in poor health, he is limited in his ability to prepare his case due to the small time allowed by the briefing schedule.

2. Patriot's brief is actually almost all written because he filed with the lower court a Motion for Rehearing. His Appellant Brief would be almost word for word the Motion for Rehearing. However, Patriot is ___years old, in poor health, has difficulty using the computer and is involved in multitudinous litigation in other cases related to this case.

The lower court found the federal tax lien, which is the subject of this lawsuit, to be invalid. However the Judge did not allow the IRS to remove it. This will be a very simple appellant brief of only a few pages.

 3. In Haines vs. Kerner , 404 US 519 (1972), the US Supreme Court ruled that the courts should relax procedural requirements for pro se litigants.

Certificate of Service: I hereby certify that on this date I sent properly to opposing party a copy of this pleading.

__________________________ Date: October 10, 2006

Ernest Patriot, Appellant pro se