Whether the district court and appellate courts violated due process by failing to provide a substantive explanation for denying a Rule 60 motion in an ERISA-related insurance dispute

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: Petitioners, Kathy and Jay Allen, pursuant to Rule 13.5 of the Rules of this Court, respectfully apply to this Court for an order extending the time in which to file her petition for writ of certiorari from December 24, 2023, until February 22, 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. § 1254. In support of this Application, Petitioners states as follows: Petitioners filed an action in North Carolina Superior Court against the Respondents alleging that they had improperly refused to honor payment on a life insurance policy, in violation of ERISA. The case was removed to federal court and ultimately dismissed by the District Court for the Eastern District of North Carolina (5:21-CV-174-D). The lower court also denied the Petitioner’s Rule 60 motion. (5:21-CV-174-D). The Petitioners appealed these rulings to the Fourth Circuit Court of Appeals. On July 27, 2023 the panel affirmed the rulings of the District Court (Exhibit 1; 22-1528). On September 25, 2023, the Fourth Circuit denied the Petitioner’s petition for rehearing and rehearing en banc (Exhibit 2; 221528). The appellate decisions provided no explanation for affirming the denial of the Petitioners’ Rule 60 motion. Petitioners’ case raises important questions pertaining to their due process rights, including the right to be apprised of the basis for the courts’ rulings, and laws pertaining to ERISA. Petitioners now seek a writ of certiorari for the Fourth Circuit Court of Appeals with respect to their decisions. This Court’s jurisdiction to grant the same arises pursuant to 28 U.S.C. § 1254. According to Supreme Court Rule 13.3, a petition for writ of certiorari is due on or before December 24, 2023, which is 90 days after the Fourth Circuit Court of Appeals denied the Petitioner’s petition for rehearing. 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 Petitioners to prepare their Petition, because the Petitioners are pro se and are 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. Petitioners therefore seek an extension of sixty (60) days in which to file their 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 is submitted at least ten (10) days prior to the present due date. Wherefore, in the interest of justice and for good cause shown, Petitioners respectfully request that this Court extend the current December 24, 2023 deadline until February 22, 2024, or at least for thirty (30) days until January 23, 2024. Respectfully submitted, Sra CHce, €CL li / ‘a= Kathy Allen (pro se) 26 55" Street NE Washington, DC 20019-6760 Tel: 202-399-6225 Jay Allen 2526 Poole Road Raleigh, NC 27610-2820 jaykallenl @comcast.net Tel: 919-395-1319 IN THE SUPREME COURT OF THE UNITED STATES No. KATHY ALLEN, JAY ALLEN Petitioners, Vv. L3HARRIS TECHNOLOGIES, INC. Respondents. CERTIFICATE OF SERVICE We, Kathy Allen and Jay Allen, Petitioners in this matter, hereby certify that on this 30" day of November, 2023, caused a copy of this Petition to be served on the following counsel: Michael D. McKnight Ogletree Deakins 8529 Six Forks Rd., Forum IV, Ste. 600 Raleigh, NC 27615 For L3Harris Technologies, Inc. We further certify that all part