Whether an administrative closure order that does not terminate the merits of a case or reflect an intent to end litigation constitutes a final judgment conferring appellate jurisdiction under 28 U.S.C. § 1291

No question identified. : TO THE HONORABLE SONIA SOTOMAYOR, ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES AND CIRCUIT JUSTICE FOR THE SECOND CIRCUIT: ! Pursuant to Supreme Court Rules 13.5, 22, and 30, Petitioner respectfully requests a 60-day extension of time, up to and including November 8, 2023, to file a petition for a writ of certiorari to review a Second Circuit order and decision, dated June 15, 2023, that granted a timely filed Rule 60(b) motion but denied its request to recall a mandate issued without jurisdiction. Exhibit A. Jurisdiction of this Court is invoked under 28 U.S.C. § 1254(1), and the time to file a petition for a writ of certiorari will expire without an extension on September 13, 2023. This application is timely because the filing date is the postmark of September 2, 2023 on this mailed petition, which is more than ten days before the date the petition is due. 1. This case raises important questions regarding established federal law that the Court of Appeals has jurisdiction under 28 U.S.C. §1291 only after a final judgment is entered that ends the litigation on the merits and leaves nothing to do but execute the judgment. Ray Haluch Gravel Co. v. Cent. Pension Fund of Int'l Union of Operating Eng'rs, 571 U.S. 177, 183, 134 8.Ct. 773, 187 L.Ed.2d 669 (2014). However, the Second Circuit in this case assumed jurisdiction, without a final judgment, then provided two conflicting opinions to claim it had jurisdiction. 2. The first decision was its mandate finding that a summary judgment 1 Pursuant to Rule 29.6, notice is given that no party hereto is a publicly traded corporation. was the “final judgment”. After petitioner filed a Rule 60(b) motion showing that by law the summary judgment did not terminate the case and is not a final judgment, then on July 16, 2023 the court issued an order and decision to state that the court could rely on a different order as the final judgment. Exh A. That was an April 6, 2020 order of the District Court limited to admonishing plaintiffs attorney for failing to file an appearance by directing the clerk to “close” the case. It was an administrative termination. The Second Circuit found that order is arguably a final judgment, despite the District Court later correcting that order by reopening the case to continue the litigation and scheduled it for a jury trial. Notably, the April 6, 2020 order is not the order stated in the Circuit opinion that the court used as conferring jurisdiction to it. 3. The Second Circuit creates a split with every circuit in this country that follows precedent that only a final judgment provides jurisdiction under 28 U.S.C. 1291. Not one circuit court decision could be found under the search of “is an administrative closing of a case a “final judgment” that holds an administrative termination is a final judgment for appeal purposes. In fact, the cases hold that circuit courts do not have jurisdiction when a case is “closed” in this manner. The Second Circuit’s decision here needs review and correction. Just as this court in Kemp v. United States, No. 21-5726 (June 13, 2022) recently clarified definitions in Rule 60(b) motions, this case needs clarity as to how far jurisdiction stretches to the Circuit, if at all, with an administrative closing order. Finally, this case should have precedential value as it will establish whether a circuit court can claim that an order closing a case can arguably be the same as a final judgment, when that order is actually an administrative closing based on the court awaiting an attorney’s notice of appearance, and as such can not show any intent by the District Court to be a final judgment for appeal. 4, To address this important issue of jurisdiction, the time to file the petition for certiorari should be extended. Although I am admitted to this court, I am the petitioner and prefer to have established Supreme Court counsel on this important matter. The past few months I interviewed various prom