Whether a federal prisoner can obtain relief under 28 U.S.C. § 2255 based on ineffective assistance of counsel when facing procedural barriers in accessing a prison law library

No question identified. : No. 25IN THE Supreme Court of the United States DONOVAN DAVIS, JR., Petitioner, Vv. UNITED STATES OF AMERICA, Respondent. APPLICATION TO JUSTICE THOMAS FOR AN EXTENSION OF TIME TO FILE A PETITION FOR A WRIT OF CERTIORARI Donovan Davis, Jr., respectfully requests that this Court extend the time of filing a petition for a writ of certiorari for 60 days due to prison conditions. For the reasons set forth below, Mr. Davis asks that this Court grant his application, Procedural History & J urisdictional Statement On April 25, 2025, the Eleventh Circuit affirmed in part and denied in part Mr. Davis's motion under 28 U.S.C. § 2255 and recusal motion. See Davis v. United States, 2025 U.S. App. LEXIS 9839 (11th Cir, 2025); Opinion (Attachment "1"). Thereafter, Mr. Davis sought panel rehearing. On July 17, 2025, the Eleventh Circuit denied Mr. Davis's petition for rehearing. See Order denying panel rehearing (Attachment "2"). This Court has Jurisdiction under 28 U.S.C. § 1254(1), Legal Framework "For good cause, a Justice may extend the time to file a petition for a writ of certiorari for a period not exceeding 60 days." See Supreme Court Rule 13.5. "An application to extend the time to file a petition for a writ of certiorari ... must be filed at least 10 days before the specified final filing date as comprised under these Rules [.]" See Supreme Court Rule 30.2. Argument Mr. Davis currently resides at. the Federal Medical Center located in Butner, North Carolina (FMC Butner). FMC Butner is an administrative facility that houses close to 900 inmates ranging from pre-trial inmates, inmates awaiting mental evaluations, medical treatment, and those who have already been sentenced. In order to prepare his petition for a writ of certiorari, Mr. Davis requires access to FMC Butner's Education Department which contains the facility's only law library. The law library has limited resources: 5 electronic law library workstations, 3 working typewriters, and a copy machine for the entire inmate population. Accessing the law library is difficult, because, unlike other Bureau of Prisons’ institutions, FMC Butner houses many pretrial inmates that frequent the law library. Made worse, due to staff shortages, FMC Butner experiences numerous lockdowns causing the closure of the Education Department. As a result, Mr. Davis's access to the law library is extremely limited. In addition, inmates must purchase their own supplies from the commissary in order use the typewriters and copy machine. The necessary items (e.g. ribbons, copy cards, etc.), however, are currently out of stock. And, FMC Butner is currently 2 conducting an inventory of its Trust Fund Department that has caused the closure of commissary. Ali told, Mr. Davis is aware that “[a]n application to extend the time to file a petition for a writ of certiorari is not favored." Supreme Court Rule 13.5. Unfortunately, however, the conditions at FMC Butner are affecting the filing of Mr. Davis's petition and are out of his control. Thus, out of an abundance of caution, Mr. Davis believes that allowing him to file his petition for writ of certiorari in December will allow him sufficient time to access the law library and allow the Trust Fund Department to restock its inventory with the items required to properly prepare his petition. Conclusion The current due date for filing Mr. Davis's petition for a writ of certiorari is October 15, 2025. In light of the aforementioned, Mr. Davis respectfully asks that this Court grant him an extension of 60 days which would allow him up until December 15, 2025, to file his petition for a writ of certiorari. Respectfully submitted this [4 day of September 2025 by: boon JX Donovan Davis, Jr. Reg. No. 60439-018 FMC Butner P.O. Box 1600 Butner, NC 27509 VERIFICATION I, Donovan Davis, swear under the penalty of perjury, pursuant to 28 U.S.C. § 1746, that the statements in this document are made true and correct to the best of my knowledge. D