No. 23A1038

Kathy R. Allen, et al. v. L3Harris Technologies, Inc.

Lower Court: Fourth Circuit
Docketed: N/A
Status: Presumed Complete
Type: A
Tags: court-procedure filing-extension informa-pauperis petition-format pro-se supreme-court-rules
Latest Conference: N/A
Question Presented (AI Summary)

Whether the Supreme Court should grant an extension and allow a pro se petition to be filed in SCR 33.2 format despite procedural requirements for Supreme Court Rule 33.1 filing

Question Presented (OCR Extract)

No question identified. : Petitioner’s Letter/Motion for Extension to File Petition in SCR 33.1 or 33.2 and Request for Partial Informa Pauperis and Motion for Reconsideration (MFR) by SCRule 30 Of Clerk’s May 13, 2024 Letter Denying Informa Pauperis and a ‘Writ’ to Jay K. Allen Why is Motion for Reconsideration to File Petition in 33.2 Instead of 33.1 Format The Petitioners, Kathy R. Allen and Jay K. Allen who are having to file the Petition (by Supreme Court “SCR”) and motion reply pro se respectfully files this motion to request reconsideration (MFR) of the letter denying informa pauperis and allowed until June 3, 20242, 2024 to refile it in 33.1 format. The letter did not indicate why the informa pauperis was denied, e.g. maybe the Court thought the Petitioners’ monthly expenses and income were sufficient. So the Petitioner has no idea way it was denied. Being so the Petitioners have already been hard shipped and continue to be in their funds for the litigation already in the N.C. courts as was in the inform pauperis including paying approx.. $20,000.00 in lawyer fees between the timeline of those 2018 to 2024 for their mother’s estate matters and to this ‘writ’ for the employer ERISA beneifit for her life insurance policy and for filing the Petition and costs in the one filed as 33.2 to the Court on March 1, 2024. Petitioner 1 now in 2024 has some home repairs for her own home and expects to have to pay in the next couple of months approx. $5,000.00 or more, for her own home maintenance and Petitioner 2 is also hard-shipped as in the informa pauperis to his monthly obligations. The Petitioners because of this litigation also has other Petitions with this Court, because it as an estate matter—thus received letter for it requiring 33.1 reformatting, and doing so would be now double the costs and time for the Petitioners to file it by SCR 33.1 Petitioners are Hard shipped and Proposes the Options Below Instead of 33.1 Reformatting Reformatting the March 1, 2024 Petition filed in 33.2 format and the costs paid for it would be duplicate and excessively more than the costs already paid., and is a financial hardship to refile it. The Petitioners are sure the Court prefers the merits of a case than to SCR 33.1 v. 33.2 formatting without some precise reason for asking the Petitioners to refile it and when clearly it would burden the Petitioners. By this motion the Petitioners propose: Option 1 (1) Petitioners would send pay the $300.00 docketing fee for this case #23-6970 and do so NLT the June 3, 2024 as in the May 13, 2024. This means just t0 33.2 format copies would remain and partial informa pauperis granted. The Petitioners would the same and pay the filing fee for any motions and filings for the case going forward. Option 2 (1) Petitioners ask the court to provide some variation of Option | to include filing in SCR 33.2 format and paying the filing fees for motions, replies, etc and preferably would be just 10 copies. Motion for 45-60 Day Extension Until July 19, 2024 or August 2. 2024 And to Include Jay K. Allen in the Petition The May 13, 2024 letter denies a ‘writ’ for Jay K. Allen, but he is a party and filed his informa pauperis with the March 1, 2024. It seems the clerk’s May 13, 2024 letter means his informa pauperis is denied (and would include him as a Petitioner in all of the filings for this case) instead of denying him opportunity to be included on the ‘writ’, because both Petitioners are parties to the Petition and filing it. Being so if either Option 1 or Option 2 for SCR 33.2 above are granted the Petitioners would not need an extension to reformat the Petition just pay the docketing fee for t Marc 1, 2024 ‘writ’. If the Court denies these options to continue using 33.2 format the Petitioners ask for at_least 45 days until July 19, 2024 or 60 days to August 2, 2024 to provide the March 1, 2024 ‘writ’ for the #23-6970 Petition reformatted to 33.1. But to deny 33.2 format is drastically a hardship, and the Pet

Docket Entries

2024-05-22
Application (23A1038) granted by The Chief Justice extending the time to file until August 2, 2024 as to petitioner Kathy Allen.
2024-05-17
Application (23A1038) for an extension of time within which to comply with the order of May 13, 2024, submitted to The Chief Justice.

Attorneys

Kathy R. Allen
Kathy Allen — Petitioner
Kathy Allen — Petitioner