extension of time2
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IN THE SUPREME COURT OF THE UNITED STATES
____________________________
No.__________________
Monica Hoeft
In Pro Se, Petitioner-Applicant
v.
Michael J. Astrue
Commissioner of the Social Security Administration, Respondent
______________________________
APPLICATION FOR AN EXTENSION OF TIME WITHIN WHICH TO FILE A
PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT
OF APPEALS FOR THE NINTH CIRCUIT
______________________________
Pursuant to Rules 13.5 and 30.2 of this Court, Petitioner Monica Hoeft, In Pro
Se, in the Ninth Circuit Court of Appeals, hereby respectfully requests to the
Honorable Supreme Court Justice Anthony Kennedy, that the time to file a
petition for a writ of certiorari in this matter be extended for 60 days up and
including May 17th, 2010, 60 days from the 90 day due date of March 18th,
2010, from the denial of the en banc petition attached hereto as Appendix 3
dated December 18th, 2009.
Hoefts Appeal perfected on July 7, 2009 and mandate was entered On July
14th, 2009 as attached hereto as Appendix 1. Hoeft moved for an En Banc
hearing and an extension of time due to illness and it was granted for
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October 5th, 2009 attached hereto as Appendix 2. Hoeft Moved for Counsel
on October 4th, 2009 and it was denied. And mandated was entered
prematurely on October 14th, 2009, attached hereto as Appendix 4. Hoeft is
mentally ill and not on any medications and not being seen by any doctors
until January 21st, 2010 see Appendix 5. She does not know if the
medications she will get will render her capable of maintaining such an
important suit as the one before her now. Unless she knows her medical
condition will be relatively stable, the jurisdiction of the Court would be
invoked under 28 U.S.C 1254(1).
(1) Petitioner Hoeft is a mentally disabled individual who presents herself
with severe bi-polar disorder, depression, PTSD, seizures, blackout
spells, dizziness, anxiety disorders, agoraphobia and various other
disorders. She spent almost three years in bed before she was
properly diagnosed. During the administrative hearing phase in front
of the Administrative Law Judge she was denied the right to a
Vocational Expert in complete disregard of the legal standard of
Heckler v. Campbell, 461 U.S. 458, 103 S.Ct. 1952, 76 L.Ed.2d 66
(1983) nor lay witness testimony, where witnesses were present
waiting to be called upon in the waiting area. The ALJ summarily
dismissed the Claimants testimony on a single quantum of evidence
rather than the whole and rejecting the medical evidence of the
treating physician and that of the Social Security Physician Dr. Rogina
who saw the Claimants condition as guarded and who should be on
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disability, without giving a reason as to why he rejected the testimony
or the medical evidence.
(2) Petitioner fired her attorney for malfeasance after she found out that
he completely misrepresented her and tried to get another attorney to
represent her in the appeal to the district court (after various
administrative appeals failed). No attorney would represent her from
San Francisco to Little Rock, Arkansas. So she had to go at it alone.
(3) Petitioner moved the Federal District Court in Reno, NV to remand the
ALJs decision, but the Magistrate upheld the decision. Hoeft asked
the presiding Judge to review the Magistrates decision and he upheld
it too. Hoeft appealed it to the Federal District Court in San Francisco.
(4) After Various motions to extend time on both sides, and motions for
counsel on Hoefts side, the appeal was perfected and the appeal was
heard. Hoefts request for disability was denied on July 7, 2009. Hoeft
exhausted all of the lower Courts decisions before petitioning this
court.
Now Hoeft asks that this honorable Court entertains a Writ of Certiorari.
But Petitioner cannot comply within the specified time unless she is
somewhat stabilized on needed medications and knows whether or not
her in forma pauperis status is granted and also needs an excess of time
to do legal research to do a comprehensive brief that not only complies
with the Rules of this Court but one that also conveys the message that
this Court needs to hear. Petitioner is of the informed belief that this is a
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most important case for the High Court to hear in that the administrative
Law Judge to the Ninth Circuit has trampled recklessly on the rights of a
mentally ill individual by denying them the rights of a vocational expert
that is required by law as set forth by this court under the case of Heckler
v. Campbell, 461 U.S. 458, 103 S.Ct. 1952, 76 L.Ed.2d 66 (1983) and that
it is ripe for a petition of a writ of certiorari.
DATED:
Respectfully Submitted,
______________________
Monica Hoeft
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0CERTIFICATE OF SERVICE
I certify under penalty of perjury pursuant to 28 USC 1746 that I served acopy of the Motion for Stay of Mandate pending petition of Writ of Certiorarito the United States Supreme Court from the Appellant upon the Appelleeand to the Solicitor General of the United States.
DATED:
Solicitor General of the United StatesRoom 5614Department of Justice950 Pennsylvania Ave., NWWashington, DC 20530-0001
Office of the General Counsel of the Social Security AdministrationRoom 6116401 Security BlvdBaltimore MD., 21235
____________________Monica HoeftIn Pro Se
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