Whether Section 1983 provides a private right of action to enforce substantive due process rights and statutory entitlements under the Medicaid Act, and whether a state Medicaid agency violates Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by reducing home and community-based services to individuals with severe disabilities without adequate notice and fair hearing procedures

No question identified. : To the Honorable John Roberts, as Circuit Judge for the United States Court of Appeals for the Fourth Circuit: The Petitioners RICHARD AND NANCY STOGSDILL respectfully request a 60-day extension to petition for a writ of certiorari. This request, if granted, would extend the deadline from September 4, 2023 to November 38, 2023. The Petitioners will ask this Court to review a judgment of the United States Court of Appeals for the Fourth Circuit, issued on June 6, 2023 (annexed hereto as Exhibit 1), which affirmed the decision of the district court in an action containing claims alleging violations of the Medicaid Act under Section 1983, the Americans with Disabilities Act and the Rehabilitation Act. The Court has jurisdiction to review the Fourth Circuit’s decision under 28 U.S.C. § 1254. The Petitioners respectfully request this extension of time for the following reasons: 1. This case presents substantial and essential questions of law affecting the rights of persons with disabilities who depend upon Medicaid services to avoid including the future application of Section 1983 to enforce due process rights of Medicaid participants and violations of 42 U.S.C. 1396a(a)(3), 42 U.S.C. 1396a(a)(8) and 42 U.S.C. 1396n(c)(2) of the Medicaid Act. 2. This case also presents substantial and essential questions of law related to ongoing violations of Title II of the ADA and Section 504 of the Rehabilitation Act by the State Medicaid Agency. 3. Counsel for Petitioner suffered a back injury in May, 2023 and continues to receive therapy and treatment from the MUSC Spine Clinic and has been ordered by her treating physician to reduce her work schedule. 4. Counsel for Petitioner has experienced a continuing refusal by the South Carolina Department of Health and Human Services (SCDHHS) to provide compliant notices and fair hearings required by 42 U.S.C. 1396a(a)(3) and to provide decisions and services with reasonable promptness, as required by 42 U.S.C. 1396a(a)(8). 5. This federal action was initiated in 2012 and was twice remanded by the Fourth Circuit, and the record in the district court alone contains 475 filings, requiring extensive time to review and to summarize in the Petition. For these reasons, the Petitioners respectfully request a 60-day extension of time to petition for a writ of certiorari to November 3, 2023. Respectfully submitted, s/ Patricia Logan Harrison Patricia Logan Harrison Attorney at Law 47 Rosemond Road Cleveland, South Carolina 29635 Federal Bar No. 06963 803 360 5 Attorney for Petitioners USCA4 Appeal: 22-1069 Doc: 70 Filed: 06/06/2023 Pg: 1of6 Total Pages:(2 of 12) UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-1069 RICHARD STOGSDILL; NANCY STOGSDILL, Parent of Richard Stogsdill, on behalf of themselves and other similarly situated persons, Plaintiffs Appellants, and ROBERT LEVIN; MARY SELF, Parent of Robert Levin, on behalf of themselves and other similarly situated persons, Plaintiffs, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant Appellee, and KATHLEEN SEBELIUS; CYNTHIA MANN; JOHN DOES 1-20; CMS; ANTHONY KECK, Defendants. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:12—cv—07—JFA) Submitted: February 22, 2023 Decided: June 6, 2023 Before AGEE, HARRIS, and QUATTLEBAUM, Circuit Judges. USCA4 Appeal: 22-1069 Doc: 70 Filed: 06/06/2023 Pg: 2o0f6 Total Pages:(3 of 12) Affirmed by unpublished per curiam opinion. Patricia Logan Harrison, Cleveland, South Carolina, for Appellants. Damon C. Wlodarezyk, RILEY, POPE & LANEY, LLC, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1069 Doc: 70 Filed: 06/06/2023 Pg: 3o0f6 Total Pages:(4 of 12) PER CURIAM: In 2012, Richard Stogsdill, Robert Levin and their parent caregivers sued the South Carolina Department of Health and Human S