No. 23A484

Kathy Allen v. Arthur Allen, et al.

Lower Court: North Carolina
Docketed: 2023-11-29
Status: Presumed Complete
Type: A
Tags: appeal-dismissal certiorari due-process judicial-explanation pro-se state-court
Latest Conference: N/A
Question Presented (AI Summary)

Whether the North Carolina state courts violated the petitioner's due process rights by dismissing her appeal without providing a substantive explanation for the dismissal

Question Presented (OCR Extract)

No question identified. : PETITIONER’S APPLICATION FOR EXTENSION OF TIME TO FILE A PETITION FOR A WRIT OF CERTIORARI To the Honorable John G. Roberts, Jr., Chief Justice of the Supreme Court of the United States and Circuit Justice for the Fourth Circuit: Petitioner, Kathy Allen, pursuant to Rule 13.5 of the Rules of this Court, respectfully applies to this Court for an order extending the time in which to file her petition for writ of certiorari from November 28 2023, until January 27, 2024, a period of sixty (60) days. This Court will have jurisdiction over any timely filed petition for certiorari in this case pursuant to 28 U.S.C. § 1257. In support of this Application, Petitioner states as follows: Petitioner filed an action in North Carolina State Court against the Respondents alleging various torts and other offenses committed by these persons, in connection with a caveat proceeding and in connection with the foreclosure of real property, in 18 CVS 13119 (Wake County North Carolina). Petitioner’s case was ultimately dismissed by the lower court, and the Petitioner’s appeal from this dismissal was dismissed by the North Carolina Court of Appeals (Order dated May 4, 2023, and attached as Exhibit 1 (22-601)) and further review was denied by the North Carolina Supreme Court (Order dated August 30, 2023, and attached as Exhibit 2 (161P23)). These appellate decisions provided no explanation or basis for dismissing Petitioner’s appeal. Petitioner’s case raises important questions pertaining to her due process rights, including the right to be apprised of the basis for the courts’ rulings. Petitioner now seeks a writ of certiorari for the North Carolina Supreme Court and the North Carolina Cout of appeals with respect to their decisions. This Court’s jurisdiction to grant the same arises pursuant to 28 U.S.C. § 1257. According to Supreme Court Rule 13.3, a petition for writ of certiorari is due on or before November 28, 2023, which is 90 days after the North Carolina Supreme Court denied review of this case. See Supreme Court Rule 13.3 (“the time to file the petition for a writ of certiorari... runs from the date of the denial of rehearing or, if rehearing is granted, the subsequent entry of judgment’). However, the time granted by Supreme Court Rule 13 will be insufficient to allow Petitioner to prepare her Petition, because the Petitioner is pro se and is attempting to work with this Court’s rules pertaining to, e.g., the formatting of a Petition for Writ of Certiorari to be filed with this Court. Petitioner therefore seeks an extension of sixty (60) days in which to file her petition for a writ of certiorari. See Supreme Court Rule 13.5 (“{A] Justice may extend the time to file a petition for writ of certiorari for a period not exceeding 60 days”). Pursuant to Supreme Court Rule 13.5, this Application should be submitted at least ten (10) days prior to the present due date. The Petitioner submits that extraordinary circumstances are presented in that she is pro se and is attempting to comply with this Court’s formatting rules for her Petition for Writ of Certiorari. Wherefore, in the interest of justice and for good cause shown, Petitioner respectfully request that this Court extend the current November 28, 2023 deadline until January 27, 2024, or at least for thirty (30) days until December 28, 2023. Respectfully submitted, Pa ) fic, €é Lk O pcs Kathy Allen (pro se) 26 55" Street NE Washington, DC 20019-6760 Tel: 202-399-6225 IN THE SUPREME COURT OF THE UNITED STATES No. KATHY ALLEN Petitioner, v. ARTHUR ALLEN, ANTHONY KLISH, STATE EMPLOYEES CREDIT UNION, WAKE COUNTY SUPERIOR COURT GUARDIAN AD LITEM Respondents. CERTIFICATE OF SERVICE I, Kathy Allen, Petitioner in this matter, hereby certify that on this 27" day of November, 2023, I caused a copy of this Petition to be served by U.S. mail on the following counsel: Anthony Klish Duane Jones 7706 Six Forks Road Suite 101 Hedrick Gardner Kincheloe & Garofalo Raleigh, NC 276

Docket Entries

2023-11-29
Application (23A484) granted by The Chief Justice extending the time to file until January 27, 2024.
2023-11-27
Application (23A484) to extend the time to file a petition for a writ of certiorari from November 28, 2023 to January 27, 2024, submitted to The Chief Justice.

Attorneys

Kathy Allen
Kathy Allen — Petitioner
State Employees Credit Union
Michael Duane JonesHedrick Gardner, Respondent