Anthony F. Wainwright v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.
Whether a federal habeas petitioner may seek relief under Civil Procedure Rule 60(b) to reopen a judgment dismissing his habeas corpus proceedings
No question identified. : Civil Procedure 60(b), through which Petitioner sought to reopen the judgment dismissing his habeas corpus proceedings. 2. This Court’s jurisdiction rests on 28 U.S.C. § 1254. 3. Petitioner was convicted of murder and sentenced to death in Hamilton County, Florida. 4. On July 18, 2023, Petitioner’s appeal was denied by the United States Court of Appeals for the Eleventh Circuit (Attachment A). A timely motion for rehearing and rehearing en banc was filed and on October 13, 2023, the Eleventh Circuit denied the motion for rehearing (Attachment B). Petitioner’s time to petition for certiorari in this Court expires January 11, 2024. 5. Petitioner has good cause in support of this request, which is based on counsel’s commitments in other cases and matters in the weeks immediately preceding the January 11, 2024, deadline, as well as the complexity of the record and issues at bar. In preparing Petitioner’s petition, it became clear to the undersigned that additional time is needed to effectively present Petitioner’s arguments. The issues in this petition are factually and legally complex, warranting 60 additional days to prepare. WHEREFORE, Petitioner, through his undersigned counsel, respectfully requests an extension of time of sixty (60) days within which to file the Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit on the above-styled case. I HEREBY CERTIFY that a true copy of the foregoing motion has been furnished by Federal Express mail, to all counsel of record on December 21, 2023. Respectfully submitted, /s/ Katherine A. Blair KATHERINE A. BLAIR Counsel of Record MARY HARRINGTON Office of the Federal Public Defender for the Northern District of Florida 227 N. Bronough St., Ste. 4200 Tallahassee, FL 32301 (850) 942-8818 Attorneys for Anthony F. Wainwright