Whether a prisoner's right to adequate access to legal resources and law library facilities is violated when institutional lockdowns and heavy caseloads of assigned counsel prevent meaningful preparation of federal habeas petitions and appellate filings within Court-imposed deadlines

No question identified. : 05. The Florida Department of Correction’s rule only allow for the final twenty (20) days to be considered priority access to the law library. 06. Petitioner was just assigned a law clerk to assist him on or about August 28, 2023. 07. On that same day, the institution was placed on State-wide lockdown, due to hurricane preparations and no one had access to the law library until August 31, 2023. 08. The law clerk assigned to assist Petitioner is burdening under a heavy case load and would need the thirty (30) day extension in order to familiarize himself with Petitioner’s issues in order to prepare a proper Writ of Certiorari. 09. This is Petitioner’s first request for an extension of time and it is being filed in Good Faith and not in spite of the time limits set by this Honorable Court. WHEREFORE, Petitioner prays this Honorable Court would grant this thirty (30) day extension of time motion as it is being filed in Good Faith. Respectfully submitted, Ric onal Qimattnadl Richard Summerall, Pro se CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion for Extension of Time has been placed into the hand of mailroom personnel here at Dade C.I. for mailing to: Office of the Attorney General; The Capitol PL-01; Tallahassee, Florida 32399 on this { day of September 2023. Kichaaal Richard Summerall, DC# 389024 Legal Mail Received Dade Correctional Institution SEP 0 1 2023 19000 S.W. 377" Street Florida City, Florida 33034 Dade C.l. ” R iS USCA11 Case: 22-13176 Document: 22-1 Date Filed: 06/06/2023 Page: 1 of 1 UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ELBERT PARR TUTTLE COURT OF APPEALS BUILDING 56 Forsyth Street, N.W. Atlanta, Georgia 30303 David J. Smith For rules and forms visit Clerk of Court wiww.cal Luscourts. gov June 06, 2023 Clerk Middle District of Florida US. District Court 300 N HOGAN ST JACKSONVILLE, FL 32202 Richard Summerall Dade CI Inmate Legal Mail 19000 SW 377TH ST FLORIDA CITY, FL 33034-6409 Appeal Number: 22-13176-A Case Style: Richard Summerall v. Secretary, Florida Department of Corrections, et al District Court Docket No: The enclosed copy of this Court's order denying the application for a Certificate of Appealability is issued as the mandate of this court. See 11th Cir. R. 41-4. Counsel and pro se parties are advised that pursuant to 11th Cir. R. 27-2, "a motion to reconsider, vacate, or modify an order must be filed within 21 days of the entry of such order. No additional time shall be allowed for mailing." Any pending motions are now rendered moot in light of the attached order. Clerk's Office Phone Numbers General Information: 404-335-6100 Attorney Admissions: 404-335-6122 Case Administration: 404-335-6135 Capital Cases: 404-335-6200 CM/ECF Help Desk: 404-335-6125 Cases Set for Oral Argument: 404-335-6141 Enclosure(s) DIS-4 Multi-purpose dismissal letter USCA11 Case: 22-13176 Document: 22-2 Date Filed: 06/06/2023 Page: 1 of 5 In the United States Court of Appeals Far the Eleventh Circuit No. 22-13176 RICHARD SUMMERALL, versus SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, FLORIDA ATTORNEY GENERAL, Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. ORDER: USCA11 Case: 22-13176 Document: 22-2 Date Filed: 06/06/2023 Page: 2 of 5 2 Order of the Court 22-13176 Richard Summerall is a Florida prisoner serving a 30-year sentence for burglary with assault and resisting an officer without violence. He seeks a certificate of appealability (“COA”) to appeal the denial of his 28 U.S.C. § 2254 habeas corpus petition, in which he asserted that trial counsel was ineffective for failing to (1) adequately move for a judgment of acquittal; (2) argue that the state did not prove that any alleged burglary occurred in a structure or dwelling; (3) argue that the state did not refute Summerall’s hypothesis of innocence; (4) renew his motion for a judgment of acquittal, on the basis that the jury’s verdi