Whether the Eighth Circuit Court of Appeals erred in denying a certificate of appealability for all eight grounds raised in a capital habeas corpus petition

No question identified. : requests a sixty (60) day extension of time in which to file his Petition for a Writ of certiorari in this Court up to and including February 5, 2024 (sixty (60) days from the current deadline of July 30, 2023). In support of this Application, Mr. Collings states: 3. Mr. Collings seeks review in this Court of the decision of the United States Court of Appeals for the Eighth Circuit denying a certificate of appealability as to either of the eight (8) grounds for relief in his habeas corpus petition. See attached Exhibit. 4. The judgment of the United States Court of Appeals was entered on September 9, 2023. 5. Mr. Collings’s motion for rehearing with suggestion for rehearing en banc was considered, and denied, by the United States Court of Appeals on September 9, 2023. See attached. 6. Mr. Collings’s time in which to petition this Court for a Writ of Certiorari expires on December 7, 2023 (90 days calculated from September 9, 2023). 7. Pursuant to United States Supreme Court Rule 13.5, this Application is being filed more than ten days before December 7, 2023. 8. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1254. 9. This is a capital habeas corpus case. Mr. Collings is indigent. The undersigned counsel has been appointed by the United States Court of Appeals to represent Mr. Collings on appeal from the district court and in certiorari proceedings in this Court. 10. Pursuant to counsel's obligations to Mr. Collings’, the undersigned counsel has a duty pursuant to reasoned professional judgment to draft and present a Petition for a Writ of Certiorari to review the decision of the United States Court of Appeals for the Eighth Circuit. 11. Counsel requests an extension in this case because of previously set scheduling deadlines in other cases that require counsel's attention, and also other work in capital cases, including: (Mr. Weis) Motion for relief pursuant to Federal Rule of Civil Procedure 59(e) filed on October 27, 2023, in the United States District Court for the Eastern District of Missouri. Shockley v. Crews, Case No. 4:19-cv-02520-SRC. A response to the State’s motion to set an execution date in the Missouri Supreme Court filed on November 13, 2023. State v. Hosier, SC93855. 12. Mr. Collings has not previously petitioned this Court for an extension of time in which to file a Petition for a Writ of Certiorari. 13. Counsel avers that this Application is made in good faith and not for purposes of delay. Wherefore, Mr. Collings requests respectfully that an order issue establishing the due date for Petitioner’s Petition for a Writ of Certiorari on February 5, 2024. Dated November 22, 2023. Respectfully Submitted, /s/ Jeremy S. Weis JEREMY S. WEIS, MO Bar No. 51514 DANIEL KIRSCH, MO Bar No. 57022 Capital Habeas Unit Federal Public Defender Western District of Missouri 1000 Walnut St., Ste. 600 Kansas City, MO 64106 T: 816.471.8282 E: Jeremy_Weis@fd.org E: ATTORNEYS FOR PETITIONER UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No: 23-1064 Christopher Collings Petitioner Appellant v. Cindy Griffith Respondent Appellee Appeal from U.S. District Court for the Western District of Missouri Kansas City (4:18-cv-08000-MDH) JUDGMENT Before ERICKSON, GRASZ, and KOBES, Circuit Judges. This appeal comes before the court on appellant's application for a certificate of appealability. The court has carefully reviewed the original file of the district court, and the application for a certificate of appealability is denied. The appeal is dismissed. The motion for leave to file an overlength reply is granted. June 28, 2023 Order Entered at the Direction of the Court: Clerk, U.S. Court of Appeals, Eighth Circuit. /s/ Michael E. Gans Case 4:18-cv-08000-MDH Document 71 Filed 06/28/23 Page 1 of 1 Appellate Case: 23-1064 Page: 1 Date Filed: 06/28/2023 Entry ID: 5290652 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No: 23-1064 Christopher Collings Appellant v. Cindy Griffith Appellee