Whether the Fifth and Fourteenth Amendments require state governments to compensate property owners for interest earned on unclaimed funds held by the state

No question identified. : To the Honorable Brett M. Kavanaugh, Justice of the Supreme Court of the United States and Circuit Justice for the Sixth Circuit: Pursuant to Supreme Court Rule 13.5, Petitioner Dennis O’Connor respectfully requests an extension of time of 40 days to file his Petition for Writ of Certiorari in this Court up to and including April 29, 2024. JUDGMENT FOR WHICH REVIEW IS SOUGHT The judgment for which review is sought is O’Connor v. Eubanks (attached as Exhibit 1). The Sixth Circuit denied Petitioner’s timely motion for rehearing en banc on December 19, 2023 (attached as Exhibit 2). As a result, a Petition is presently due on March 18, 2024. This application for an extension of time is filed more than ten days prior to that date. JURISDICTION This case arises under the Fifth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983. Specifically, this case asks whether the state government officials violated Dennis O’Connov’s constitutional rights when they took private interest income earned on unclaimed private funds held by state officials. This Court has jurisdiction over a timely filed petition for writ of certiorari in this case pursuant to 28 U.S.C. § 1257. REASONS FOR GRANTING EXTENSION OF TIME Petitioner’s undersigned Counsel of Record requires extra time to file a Petition in this case because counsel only reached an agreement to represent Petitioner late in the 90-day filing period for a Petition and counsel needs time to become familiar with the case and issues and requires sufficient time to draft a cogent Petition to this Court. Counsel has conferred with Defendants’ counsel and they have indicated that they are unopposed to this request. Counsel was retained to represent Mr. O’Connor on February 28, 2024, after approximately 70 days out of the 90-day period for filing a Petition from the Sixth Circuit’s December 19, 2023, decision had run. Petitioner’s lead counsel is also going to take a pre-planned family vacation the week of March 11-15, 2024, and has other work demands during the Petition briefing period. Counsel accordingly requires a modest amount of time to become more familiar with the O’Connor case and to draft a Petition for Certiorari. CONCLUSION For the foregoing reasons, Petitioner requests that this Court grant an extension of 40 days, up to and including April 29, 2024, within which Petitioner O’Connor may file a petition for writ of certiorari. DATED: March 4, 2024. Counset of Record CHRISTINA M. MARTIN Pacific Legal Foundation 555 Capitol Mall, Suite 1290 Sacramento, California 95814 Telephone: (916) 419-7111 Email: Counsel for Petitioner *Counsel licensed in Washington, Oregon, and Florida CERTIFICATE OF SERVICE A copy of this application was served via email and U.S. mail to counsel listed below in accordance with Supreme Court Rules 22.2 and 29.3: Ann M. Sherman, Solicitor General B. Thomas Golden, Assistant Attorney General Brian Kenneth McLaughlin, Assistant Attorney General James Alan Ziehmer, Assistant Attorney General Office of the Attorney General of Michigan P.O. Box 30754 Lansing, MI 48909 Telephone: (517) 335-7584 DATED: March 4, 2024. —— J.DA EEMER Counsel of Record Pacific Legal Foundation 555 Capitol Mall, Suite 1290 Sacramento, California 95814 Telephone: (916) 419-7111 Email: Exhibit 1 Opinion and Judgment Case: 22-1780 Document: 29-2 Filed: 10/06/2023 Page: 1 RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit 1.0.P. 32.1(b) File Name: 23a0225p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT DENNIS O’CONNOR, and all those similarly situated, No. 22-1780 RACHAEL EUBANKS, in her personal capacity; TERRY STANTON, in his personal capacity; STATE OF MICHIGAN, Appeal from the United States District Court for the Eastern District of Michigan at Bay City. No. 1:21-cv-12837—Nancy G. Edmunds, District Judge. Decided and Filed: October 6, 2023 Before: MOORE, THAPAR, and NALBANDIAN, Circuit Judges. COUNSEL ON BRIEF: Philip