On May 18, 2011, United States Court of Appeal for the Fourth Circuit by Order and Judgment of 3-justice panel summarily dismissed without opinion the appeal that had been prosecuted against Mr. Waterman’s client. The special case is United States of America, ex rel., Joseph M. Russell v. Michael J. Gennari, Evonne Fei, and Nancy Lynne Russell, and United States of America, No. 11-1329.
Appellees in Russell had moved to dismiss the appeal from the Newport News Division of United States District Court for the Eastern District of Virginia on the alternative grounds that Mr. Russell could not appear pro se on behalf of the United States of America and that he filed the appeal too late. Mr. Russell still can seek rehearing of this special case en banc by the Fourth Circuit and/or writ of certiorari to the United States Supreme Court.