No. 23A625

Shaheryar Khan v. Kent Seton, et al.

Lower Court: Ninth Circuit
Docketed: 2024-01-08
Status: Presumed Complete
Type: A
Tags: appellate-procedure court-dismissal frivolous-appeal in-forma-pauperis ninth-circuit pro-se-litigant
Latest Conference: N/A
Question Presented (AI Summary)

Whether the Ninth Circuit Court of Appeals erred in dismissing the petitioner's appeal as frivolous and denying in forma pauperis status

Question Presented (OCR Extract)

No question identified. : APPLICATION AND MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO PETETION FOR WRIT OF CERTIORARI Pettioner, Shaheryar Khan, the Pettioner in the above-referenced matter, pursuant to Supreme Court Rule 30.3 submits this Application for Motion for Extension of Time to File Brief to Petiton For Writ of Certiorari to the Clerk for the Purpose of respectfully requesting Justice Keegan to grant a sixty day( 60 )day extension of time to file petitioners Brief to Petiton For Writ of Certiorari up to and including March Ist 2024. In further support , Petitioner would respectfully show as follows. 1.) The Petitoner and Appellant recieved an Order affirming the lower courts order from the Ninth Circuit Court of appeals on 10/4/2023 during his recovery and illness ( exhibit). 2.) Pettioner will be filing a motion in the Ninth Circuit due to his illness and not recieving the order from the lower court . 3.) Petitioner was injured severly on or about 6/20/22 and has been sufferring during his recovery and seeks this extension. ( exhibit) 4.) Petitioner was prejudiced by the defendants and conspirators in this matter and victem of espionage and theft of court materials and fraud during the ordinary course of these cases and pettitions causing extreme stress. 5.) Petitoner has been victem of the Apple VS NSO and Q Technology scandal and victem of hacking ( exhibit) and this case reflects the oppresive attacks by these companies . 6.) Petitoner filed this Motion for an extension of time on or about 1/02/2024 and timely prior to 1/02/2024 (holiday) within the time frame required and in advance of the deadline to file file Petitoners Brief to Petiton For Writ of Certiorari which is 90 Days after the 10/4/23 Ninth circuit Order ( exhibit) . Petitoner is requesting a 60 day extension of time from the deadline of 01/02/24 to file his petiton and brief from the court up to March Ist 2024. 7.) Pursuant to Supreme Clerk Court Rule 30.3 , the releif herein requested " may be presented in the form of a application by setting out specific resons why an extension of time is justified. Petitoner May request that the motion be submitted to a justice or to the Court to be granted, 8.). This is the Petitoners first request for an extension for this order filed on 10/4/23 of time to file it petition. 9.) Pursuant to Supreme Court Rule 30.3 , the Court has the authority to grant the additional time requested herein. 8.. Petitoner requests and extension of time to file is petition based on the following specific reasons pusuant to Rule 30.3 a. Petitioner has been recovering from injury and illness ( exhibit) b. Petitioner requires this time to determine the outcome of motion in the 9th circuit Court of appeals . c. Petitioner requires this time to consult with Attorneys . Based on the foregoing , the Petitoner respectfully request a sixty (60) day extension of time to file the requested responsive brief up to and including March Ist 2024 Dated : January 2nd, 2024 Respectfully Sent by, SHAHERYAR KHAN 2219 OLIVE STREET BURBANK CA 91506 SHAHERYAR KHAN, PETITIONER x UNITED STATES COURT OF APPEALS F | L E D OCT 4 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SHAHERYAR KHAN, No. 23-55050 D.C. No. Central District of California, v. Los Angeles KENT SETON; et al., ORDER Before: BADE, LEE, and VANDYKE, Circuit Judges. Appellant’s motion to reinstate this appeal (Docket Entry No. 9) is granted. The order of dismissal for failure to prosecute (Docket Entry No. 6) is vacated and the appeal is reinstated. Upon a review of the record and the response to the March 22, 2023 order, we conclude this appeal is frivolous. We therefore deny appellant’s motion to proceed in forma pauperis (Docket Entry No. 8), see 28 U.S.C. § 1915(a), and dismiss this appeal as frivolous, pursuant to 28 U.S.C. § 1915(e)(2) (court shall dismiss case at any time, if court determines it is frivolous or malicious). The motion for an extension of time

Docket Entries

2024-01-08
Application (23A625) granted by Justice Kagan extending the time to file until March 2, 2024.
2024-01-02
Application (23A625) to extend the time to file a petition for a writ of certiorari from January 2, 2024 to March 2, 2024, submitted to Justice Kagan.

Attorneys

Shaheryar Khan
Shaheryar Khan — Petitioner
Shaheryar Khan — Petitioner