Whether the procedural complexities of maintaining separate pro se and counseled federal habeas dockets can constitute ineffective assistance of counsel or prejudicial error warranting relief

No question identified. : Appeals for the Eleventh Circuit affirming the denial of federal habeas corpus relief pursuant to 28 U.S.C. § 2254. This Court’s jurisdiction rests on 28 U.S.C. § 1254. 2. Petitioner was convicted of murder and sentenced to death on two separate counts in the circuit court of the Twelfth Judicial Circuit in and for Sarasota County, Florida. His convictions and sentences were affirmed on direct appeal and in state collateral review. In the context of federal habeas review, a combination of factors beyond Petitioner’s control inadvertently resulted in the creation of two dockets per capital case—one counseled, and one pro se. The district court repeatedly refused to consolidate the counseled and pro se dockets. On August 8, 2025, Petitioner’s appeal of the district court’s denial of the pro se petitions was denied by the United States Court of Appeals for the Eleventh Circuit (Attachment A). A timely motion for rehearing was filed and on September 19, 2025, the Eleventh Circuit denied the motion for rehearing (Attachment B). Petitioner’s time to petition for certiorari in this Court expires on December 18, 2025. 3. On November 18, 2025, without notice, a death warrant was signed for Frank Walls and his execution is scheduled for December 18, 2025. Undersigned represents Mr. Walls and is responsible for pending litigation before the federal courts. In addition, co-counsel in Mr. Johnson’s case has also been assisting with the warrant litigation in Mr. Walls’ case. Due to the extreme time pressures of death warrant litigation along with counsel’s other obligations and administrative duties, undersigned has little time to devote to preparing Mr. Johnson’s petition for writ of certiorari. WHEREFORE, good cause exists for an extension of time and Petitioner, through his undersigned counsel, respectfully requests an extension of time of sixty (60) days within which to file the Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit on the above-styled case. I HEREBY CERTIFY that a true copy of the foregoing motion was furnished on December 4, 2025, by United States Mail, first-class postage prepaid, to Timothy A. Freeland, Senior Assistant Attorney General, Florida Attorney General’s Office, 3507 E. Frontage Rd., Ste. 200, Tampa, FL 33607, (813) 287-7910, who is counsel of record in the Eleventh Circuit cases below. A courtesy copy was also emailed to Mr. Freeland at and Respectfully submitted, /s/ Sean Gunn SEAN GUNN /s/ Katherine Blair KATHERINE A. BLAIR Capital Habeas Unit Federal Public Defender Northern District of Florida 227 N. Bronough St., Ste. 4200 Tallahassee, FL 32301 (850) 942-8818 sean_gunn@fd.org Counsel for Emanuel Johnson, Sr. DATED: DECEMBER 4, 2025