Whether a state prisoner can obtain federal habeas relief based on alleged due process violations during post-conviction DNA testing when the testing results did not conclusively exonerate the petitioner

No question identified. : on Motion For Reconsideration And Rehearing En Ranc (Fed. R. App. P. 40 and 5TH Cir. R. 40), was filed on July 02, 2025 the petition for rehearing en banc is denied, before Stewart, Hayes, and Higginson, Circuit Judges, order entered in this case No. 24-10870, Gaines v. Guerrrero USDC No. 3:24-CV-457 on July 02, 2025. See FRAP and Local Rule 41 for stay of the mandate Clerk Lyle W. Cayce. Petitioner Gaines request a additional 60 days from September 29,2025 which is @ue-datée Nev: 2%. 2025. WHEREFORE, PREMISES CONSIDERED, Petitioner's Gaines pray that this motion for petitioner's Motion For Leave To File Extension/Extending Time Re [GRANTED] by this Court. EXECUTED on this2S day oh. , 2025, Respectfully Submitted, s etitioner’s Pro Se CERTIFICATE OF SERVICES I, Ernest Edward Gaines, hereby certify that a true and correct of the Petitioner's Motion For Leave To File Motion For Extension/Extending Time was service on the Dallas County District Attorney Office on thisf9 day of : » 2025. Respectfully Submitted, Cle Petitioner's Pro Se UNSWORN DECLARATION I, Ernest Edward Gaines, swear under the penalty of perjury that the foregoing motion is true and correct. EXECUTED on this# day o : , 2025. Ly pu Submitted, etl ERE ‘ o Se rench Robertson Unit TDCJ-ID No.1364192 9 1207T FM 5322 Abliene, TX 76601 Septe: 05, 2025 To: The Supreme Court of the United States ATIN: Scott S,. Harris & Angela Jimenez 1 First Street, NE Washington, DC 20543-0001 From: Mr, Ernest E. Gaines #1364192 French Robertson Unit 12071 FM 3522 Abilene, TX 79601 RE: STATUS INQUIRY For Request To File Writ Of Certiorari No. 24-10870 Gaines v. Guerrero USDC No. 3:24-CV-457 Dear Scott S. Harris & Angela Jimenez, Sir & Ma'am, I would like my motion Petitioner's Motion For Leave To File Motion For Extension/Extending Time to be filed with this Court. Petitioner Gaines is proceeding in forma pauperis inidgent, so seeks to be excused from haveing copies because has on money to pay for copies to be makde. And petitions: Gaines aeeks assistence of counsel to assist with preparing the Urit of Certiorari from this Court, because petitioner Gaines lack the knowledge of eriminal law to repersent himself. Please file this motion with this Court as soon as possible. Thank you! EXECUTED on this @% day o fA » 2025. Respectfully Submitted, y ityt Petitioner's Pro Se French Robertson Unit 12071 FM 5322 Abilene, TX 79601 c.c.:File. RECEIVED SEP 17 2025 OFFIGE OF THE CLERt ; SUPREME COURT, U.S Case: 24-10870 Document: 40-1 Page: 1 Date Filed: 05/09/2025 Gnited States Court of Appeals for the fifth Circutt United States Court of Appeals No. 24-10870 Fifth Circuit FILED May 9, 2025 ERNEST EDWARD GAINES, Lyle W. Cayce Clerk versus ERIc GUERRERO, Director, Texas Department of Criminal Justice, Correctional Institutions Diviston, Respondent— Appellee. Application for Certificate of Appealability the United States District Court for the Northern District of Texas USDC No. 3:24-CV-457 ORDER: Ernest Edward Gaines was convicted of aggravated robbery and received a life sentence. He now seeks a certificate of appealability (COA) so that he can appeal the district court’s dismissal of his 28 U.S.C. § 2254 application for failure to state a cognizable habeas claim. In his COA brief, Gaines requests copies of the appropriate forms for filing a COA; however, no such forms exist. However, he also contends that courts should not dismiss cases for failure to state a claim if it appears that a litigant may be able to offer proof in support of his allegations. In addition, Gaines alleges in his Case: 24-10870 Document: 40-1 Page:2 Date Filed: 05/09/2025 No. 24-10870 motion for appointment of counsel that the district attorney and an attorney that represented him in his postconviction DNA testing proceedings failed to provide him with the complete file of the results for five years, that he was denied due process during the DNA testing process, and that a forensic pathologist r