Whether a pro se civil rights plaintiff can overcome judicial immunity and First Amendment barriers to challenge a state court judge's actions in federal court

No question identified. : 4. This case involves civil rights claims brought by Applicant Kevin Frymier against Respondents Dianne Curvey and the State of Texas, originating from US. District Court Case No. 4:24-CV-1085. 5. The Fifth Circuit's decision affirmed the dismissal of the appeal as frivolous. 6. Applicant requires additional time to prepare a thorough petition due to the complexity of the constitutional and procedural issues involved; the need to research First Amendment public-access jurisprudence and limits on judicial immunity; and the need to compile, review, and cite the appellate record from both the U.S. District Court and the Fifth Circuit. Applicant is proceeding pro se. This extension will allow Applicant to present the issues most helpfully to the Court and ensure full compliance with the Court’s rules. 7. Respondents have not yet been contacted regarding this application. 8. This application is filed more than 10 days before the current deadline, August 25,2025 in compliance with Rule 13(5). 9. For the foregoing reasons, Applicant respectfully requests that an extension of 60 days to and including October 24, 2025, be granted within which Applicant may file a petition for a writ of certiorari. Respectfully submitted, /s/ Kevin Frymier Kevin Frymier (Pro Se) 17302 Brookhollow Mist Court . Houston, TX 77084 a . 281-797-8437 FD Pe ol madkevin@yahoo.com Date: August 15, 2025 CERTIFICATE OF SERVICE I, Kevin Frymier, certify that three copies of the attached Application to the Hon. Samuel A. Alito, Jr. for an Extension of Time Within Which to File a Petition for a Writ of Certicrari to the United States Court of Appeals for the Fifth Circuit were served on: Scot Macdonald Graydon Office of the Attorney General of Texas Attn: Scot Macdonald Graydon, Assistant Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78701 Email: Service was made on August 15, 2025. . Fi s/ Kevin Frymier er Nec Kevin Frymier Exhibits (to be attached): Exhibit 1: Copy of the Fifth Circuit's order denying rehearing en banc (dated May 27, 2025). Exhibit 2: Copy of the Fifth Circuit's panel decision dismissing the appeal as frivolous (dated April 17, 2025). Gnited States Court of Appeals 1 for the Fifth Circuit United States Court of Appeals No. 24-20455 Fifth Circuit FILED April 17, 2025 KEVIN FRYMIER, Lyle W. Cayce Clerk versus DIANNE CuRVEY, in individual capacity, and official capacity as Judge; THE STATE OF TEXAS, Defendants— Appellees. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:24-CV-1085 UNPUBLISHED ORDER Before SOUTHWICK, WILLETT, and OLDHAM, Circuit Judges. PER CURIAM: IT IS ORDERED that Appellees’ opposed motion to dismiss the appeal as frivolous is GRAN TED. No. 24-20455 IT IS FURTHER ORDERED that Appellees’ opposed motion to suspend briefing until ruling on the pending motion to dismiss the appeal as frivolous is DENIED AS MOOT. EXHIBIT 2 Gnited States Court of Appeals for the Fifth Circuit No. 24-20455 Kevin Frymier, versus Dianne Curvey, in individual capacity, and official capacity as Judge; The State of Texas, Appeal from the United States District Court for the Southern District of Texas USDC No. 4:24-CV-1085 ON PETITION FOR REHEARING EN BANC UNPUBLISHED ORDER Before Southwick, Willett, and Ol dham, Circuit Judges. Per Curiam: Treating the petition for rehearing en banc as a motion for reconsideration (5th Cir. R.40 1.0.P.), the motion for reconsideration is DENIED. Because no member of the panel or judge in regular active service requested that the court be polled on rehearing en banc (Fed. R. No. 24-20455 App. P.40 and 5th Cir. R.40), the petition for rehearing en banc is DENIED.