Whether a pro se litigant's appeal can be dismissed for want of prosecution when the notice of dismissal was not received until 54 days after the dismissal date

No question identified. : PETITIONER'S APPLICATION TO EXTEND TIME TO FILE PETITION FOR WRIT OF CERTIORARI The Petitiener files this application asking the Court for extention of time to file his Petition for Writ of Certiorari. The following are the facts relevant to this petition; 1. Petitioner Stancu ("Stancu") is a prose, forma pauperis litigant. 2. Stancu filed his appeal with the U.S. Court of Appeals for the Fifth Circuit ("5-thCireuit") on April 24, 2023. 3. The established method of communication between Stancu and the 5-th Circuit was via U.S. Mail. 4. On December 19, 2023, Stancu received a letter from the 5-th Circuit, informing him that his appeal was dismissed as of October 26, 2023, for "...want of prosecution." A true and correct copy. of the above mentioned dismissal is attached hereto as Exhibit A. 5. Also a true and correct copy of the mailing envelope showing that the notice of dismissal was mailed to Stancu by the 5-th Circuit on December 14, 2023, is attached hereto as Exhibit B. This hard fact shows that Stancu was notified by the 5-th Circuit that his case was dismissed, 54 days after the case was dismissed. PRAYER In view of the above presented facts, Stancu asks the court for the following extention of time: (a). The 90 days time period provided by the Rule 13 of the Rules of the Supreme Court of the United States, should start counting from the day Stancu received the notification from the 5-thCircuit that his case was dismised. Specifically, 90 days from December 19, 2023, which is March 19, 2024. (b). In addition, Stancu asks the court for 60 days extention of time from March 19, 2024, to file his Petition for Writ of Certiorari, because Stancu is proceeding prose, and this is an enormous case ~ four cases consolidated into one, containing over 1,700 pages of record excerpts, and involving multiple Constitutional and Civil Rights issues. In summary, Stancu is respectfully asking this Court to set the deadline for filing his Petition for Writ of Certiorari for May 19, 2024. Respectfully submited, Cy Men UTuwey JOHN STANCU Petitioner Pro Se P.O. Box 133171 Dallas, TX 75313 (469)567-3365 (202)689-9233 EXHIBIT A Gnited States Court of Appeals for the Fifth Circuit No. 23-10280 JOHN STANCU, versus HyYaTT CORPORATION/HYATT REGENCY DALLAS, Defendant— Appellee. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:20-CV-864 CLERK’S OFFICE: Under 5TH C1R. R. 42.3, the appeal is dismissed as of October 26, 2023, for want of prosecution. The appellant failed to file a brief. No. 23-10280 LYLE W. CAYCE Clerk of the United States Court oh Appeals for the Fifth Circuit ) e ‘peg By: Mary Frances Yeager, Deputy Clerk ENTERED AT THE DIRECTION OF THE COURT A True Copy Certified order issued Oct 26, 2023 Clerk, ugk Court Ci a Fifth Circuit EXHIBIT B $000.632 Lud Oo 4 ke bs) Nie) a a] i NEW ORLEANS LA 700 14 DEC 2023PM 21. UNITED STATES COURT OF APPEALS FIFTH CIRCUIT OFFICE OF THE CLERK F. EDWARD HEBERT BUILDING 600 S. MAESTRI PLACE NEW ORLEANS, LOUISIANA 70130-3408 OFFICIAL BUSINESS INS CERTIFICATE OF SERVICE I certify that a copy of the enclosed application for extention of time was sent via U.S. Mail to counsel for Respondent Hyatt Corporation/Hyatt Regency Dallas, at Jackson Walker LLP, 2323 Ross Ave., #600, Dallas, TX 75201, on January 18, 2024. I declare under the penalty of perjury that the foregoing is true and correct. Executed on January 18, 2024. QWhin Cbiae John Stancu Petitioner Pro Se