No. 23A706

Juan Luis Leonor v. Diana Sabatka-Rine, Assistant Director, Nebraska Department of Correctional Services

Lower Court: Nebraska
Docketed: 2024-01-31
Status: Presumed Complete
Type: A
Tags: certiorari incarceration legal-resources pro-se procedural-barriers supreme-court-rules
Latest Conference: N/A
Question Presented (AI Summary)

Whether a pro se, incarcerated petitioner who lacks legal resources and English proficiency should be granted an extension of time to file a Supreme Court certiorari petition due to procedural barriers

Question Presented (OCR Extract)

No question identified. : the Court's process has never been his intention. Mr. Leonor is acting pro se, and he has never had the assisting hand of an attorney during all his collateral review attempts in both state and federal courts, despite that he has faced to barriers: lack of comptehension of the English Language and lack of comprehension of the law. 5. Mr. Leonor has learned the English Language while incarcerated. During that learning period, Mr. Leonor has relied on other prisoners to assist him with his collateral review proceedings. Although Mr. Leonor now is able to communicate with the courts--through writing, his communication is limited to technical ways; that is, he struggles when it comes to elaborate arguments and in decribing events. With that in mind, every petition that Mr. Leonor has filed before the Court, he has done so in a faithful manner, given his own understanding of the complexity of the law, and given that, as of today, he still maintains his innocence. 6. Mr. Leonor asks the Court for an extension of time to file a petition for a writ of certiorari because he will not be able to file it--within the 90 days that he is allowed to by this Court's rules, in the "booklet" format that he is required to do so. Im addition, Mr. Leonor has not been able to accumulate the total of the filing fee and, even though he still does not know, also the costs associated with the booklet format. 7. Recently, Mc. Leonor found a place that specializes in creating "booklet" format petitions, and has written them a letter seeking their assistance. See (Echibit # 2). As stated above, Mr. Leonor is incarcerated and has no access to a computer as to comply with the booklet format of his petition. As of today, Mr. Leonor has not heard back from the printing shop. To be sure, Mr. Leonor has been searching for the printing shop since day one from October 30, 2023. Given his incarceration, though, he has relied on a friend in the outside to do so. It was through his friend, thus, that Mr. Leonor learned about the printing shop. 8. Also, through his prison job salary, Mr. Leonor will be able to accumulate the amount for the filing fee of $ 300.00 dollars, in this month of January 2024. And, depending on the charging fees from the printing shop, he may be able to accumulate that amount within the next three months. 9. For those reasons given above, Mr. Leonor respectfully asks this Justice, or the Court, for an extension of time to file his petition for a writ of certiorari for ninety (90) days or more, so that he will file it in accordance to this Court's Rule 33.1. Respectfully submitted on this |S" day of January, 2024. DECLARATION STATEMENT I swear or declare that on this date: January: 13th, 2024, I deposited in the institution's internal mail system the envelope containing this Application to Extend Time to File A Petition for A Writ of Certiorari, properly addressed to the Office of the Clerk of the United States Supreme Court, Washington D.C. 205433001, via U.S. Mail Service, postage prepaid. I declare under penalty of perjury that the foregoing in this Application is true and correct. Executed on: uae ( aie » 2024. 3 th Facility 2610-North 20th Street, East Omaha, Nebraska 68110 CLERK OF THE NEBRASKA SUPREME COURT AND NEBRASKA COURT OF APPEALS 2413 State Capitol, P.O. Box 98910 Lincoln, Nebraska 68509-8910 (402) 471-3731 October 30, 2023 Juan L Leonor #54664 NE Correctional Youth Facility 2610 North 20th Street Omaha, NE 68110 IN CASE OF: A-23-000539, Leonor v. Sabatka-Rine TRIAL COURT/ID: Douglas County District Court CI23-895 The following filing: Petition of Appellant for Further Review Filed on 10/13/23 Filed by appellant Juan L Leonor #54664 Has been reviewed by the court and the following order entered: Petition of Appellant for further review denied. Sincerely, Wendy A. Wussow Clerk Exhibit ' 1 www. supremecourt .ne.gov January qe 2024 Juan Luis Leonor DOG# 54664 Nebraska Correctional Youth Facility 2610 Nort

Docket Entries

2024-01-31
Application (23A706) granted by Justice Kavanaugh extending the time to file until March 28, 2024.
2024-01-13
Application (23A706) to extend the time to file a petition for a writ of certiorari from January 28, 2024 to March 28, 2024, submitted to Justice Kavanaugh.

Attorneys

Juan Leonor
Juan Luis Leonor — Petitioner
Juan Luis Leonor — Petitioner