No. 23A408

Michael Marrara, et al. v. Philip D. Murphy, et al.

Lower Court: Third Circuit
Docketed: 2023-11-06
Status: Presumed Complete
Type: A
Tags: certiorari legal-access prisoners-rights pro-se supreme-court-rules time-extension
Latest Conference: N/A
Question Presented (AI Summary)

Whether pro se prisoners can obtain a 60-day extension to file a Supreme Court certiorari petition due to institutional limitations that substantially impede legal research and document preparation

Question Presented (OCR Extract)

No question identified. : Court of the United States for a sixty (60) day extension of time to file a petition for a writ of certiorari, pursuant to Supreme Court Rule 13.5. Please find the facts supporting an extension below: 1. Incarcerated pro se Petitioners move to this United States Supreme Court seeking an order granting a sixty (60) day extension of time to file a petition for a writ of certiorari, as permitted by Supreme Court Rule 13.5, BASIS FOR JURISDICTION This Court has jurisdiction as “[c]ases in the court of appeals may be reviewed by the Supreme Court by...writ of certiorari granted upon the petition of any party to any rendition of judgment...” U.S.C. 28 § 1254 (1), JUDGMENT SOUGHT TO BE REVIEWED . Petitioners are seeking review of an opinion and judgment filed by the Third Circuit Court of Appeals on July 7, 2023. As per Supreme Court Rule 13.5, Petitioners’ Third Circuit opinion is attached hereto as “Exhibit A” and Third Circuit judgment is attached hereto as “Exhibit B”, On August 18, 2023, Petitioners filed a timely petition for panel rehearing, which was denied via order on September 11, 2023. Petitioners’ Third Circuit order is attached hereto as “Exhibit C”, Said Third Circuit opinion and judgment stem from Petitioners’ preceding opinion and order from the United States District Court for the District of New Jersey, both filed on February 3, 2023. Petitioners’ District Court opinion is attached hereto as “Exhibit D” and District Court order is attached hereto as “Exhibit E”, 10. 11. REASONS FOR GRANTING EXTENSION This application is properly before this Court as it is “made to an individual justice and presented and served on all other parties...” as directed by Supreme Court Rules 30.3 and 22, No previous extensions have been obtained regarding this topic, Petitioners are both New Jersey State prisoners, and incarcerated at East Jersey State Prison, and are hampered by institutional limitations, that include but are not limited to: a. Appoint based legal access to legal and factual documents, b. Limited number of legal computers, c. Absence of internet abilities, eradicating the ability of viewing and printing of legal documents from this matter’s docket, and not allowing for e-filing, d. A third party legal mail system and e. The threat of unforeseen circumstances out of the Petitioners’ control, such as a sudden prison-wide lockdown, This is a timely application, as it is being filed at least 10 days prior to the date the petition for a writ of certiorari is due, as dictated by Supreme Court Rule 13.5, The order denying Petitioners’ petition for panel rehearing was issued on September 11, 2023, and as per Supreme Court Rule 13.3, the current deadline for Petitioners to file a petition for a writ of certiorari is December 11, 2023, Petitioners respectfully estimate the requested deadline to file their petition for a writ of certiorari to reflect February 8, 2024, . Petitioners understand that an “application to extend the time to file a petition for a writ of certiorari in not favored” by the Court, however, “[f]or good cause, a Justice may extend > the time to file a petition for a writ of certiorari for a period not exceeding 60 days.’ Supreme Court Rule 13.5, 13. Petitioners assure this Court that the extension sought is being submitted in good faith, and not for the reason of unnecessary delay and 14. Petitioners submit that good cause has been shown. WHEREFORE, this United States Supreme Court should GRANT Petitioners’ application for a sixty (60) day extension of time to file a petition for a writ of certiorari. Dated: October 26, 2023 By: —_ By: VW lkvom Mick Marrara # 1171151 Michael Dotro # 1131899 Pro Se Petitioner Pro Se Petitioner East Jersey State Prison East Jersey State Prison 1100 Woodbridge Rd. 1100 Woodbridge Rd. Rahway, New Jersey 07065 Rahway, New Jersey 07065

Docket Entries

2023-11-06
Application (23A408) granted by Justice Alito extending the time to file until February 8, 2024.
2023-10-26
Application (23A408) to extend the time to file a petition for a writ of certiorari from December 10, 2023 to February 8, 2024, submitted to Justice Alito.

Attorneys

Michael Marrara, et al.
Michael Marrara — Petitioner
Michael Marrara — Petitioner