doing that there were extraordinary circumstances that impeded his ability to meet that time limit or at the very least to understand what the time limits were and he exercised due diligence and light of as extraordinary circumstance also allowed his attorney to withdraw at the same time they had jailhouse lawyer who was helping him also was transferred someplace else mr jenkins  that that was standing what i'd seen the be the law except the person may make the cation and therefore how do we know the basis for the supreme court tall and you don't need it because you're timely under the statute where i saw your honor i would agree with that completely on all doc that is one of my arguments  properly filed motion because the motion could have been granted that wasn't late it wasn't after the time it expired the proton i mean he kept in the wrong because it wasn't no and i'd like you to give me more time in april they sent him a letter and said sorry we can't give you more time in that would happen i mean he was pretty that he knew what he was doing he knew what he was asking for whether he had the right to ask the pennsylvania supreme court to get that extend you know it's funny i have some research on this i got case after case where they do the court's impulsivity to grant those extensions did the state court in this case or in any other similar case say that said this motion or such a motion was untimely now no not that i could find i would think the motion was time the hands of the supreme court in the pennsylvania supreme court and i believe you were the one that mentioned it now mr judge judge greenberg we don't we don't know pennsylvania supreme court with an alligator docket number on it that said they only if you have some deficiencies with your filing those paying you have to pass fifty three dollars and fifty cents or prove that you statutory i've been listening especially to you judge greenberg and i would say you can conclude that the district court was wrong because there are cases where pennsylvania supreme court has given extensions of time i could not fire specifically in this circumstance but certainly yes there are cases where the pennsylvania supreme court has given a party more time to file a petition for penalty cases maybe you have for a number of years they were as the court is no doubt aware i think in the death penalty cases there were a number of state that is absolute correct are the second part of that motion was to extend the time period for him to file a petition for allowance of appeal the issue with respect to this case runner is the defendant did not run out of time to file his petition for how to feel  on december second was on time no it was not on time because it fell within the thirty day time here for him to file ok the problem is that it isn't isn't there isn't a problem here the fact that he did get an answer he did get a response a response came in the question in this case is how much time nice to be calculated you have a year to file a petition for writ of habeas corpus from the end of direct appeal and the question here is responses that he got from the supreme court were sufficiently confusing so as to extraordinary circumstances no because the defend it is aware that he is not entitled to a lawyer and a post conviction proceeding did not file a petition without and that's what it comes down to if it comes down to this court finding that the defendant file a petition or lots of appeal then that motion that he filed would be on time if this court finds i haven't come across any but i have to or also state that i haven't looked for any as well of the petitioner has been pursuing his right diligently and secondly that there are some extraordinary circumstances that's the news wire and prevented him from filing i believe we've already discussed the issue with respect to the supreme court but i also wanted to discuss the issues that were raised by circumstances as those two defendants and the two cases cited by counsel for the count and those two cases it was very clear that the the feds attorneys had abandoned them there were numerous letters that were written to counsel acknowledge that their clients federal habeas petition expire all the time period for which they could file a state supreme court petition had expired in this case the pennsylvania superior court after it received the no merit letter r classically termed the turner fan letter that was filed by a defense counsel they agreed that there was no issues that had any arguable merit that were raised on a court granting the motion for withdraw was an act of law in those other two cases those attorneys just simply forgot that their client existed and did nothing hear defense counsel actually reverse review of the record reviewed the issues that the defendant wanted to raise on appeal and a time when there was no merit to the is to these issues and as a result in accordance a comma versus turner and come up versus nearly broke the appropriate motion submitted it  with an outline or description of why he felt the claims were marilyn to send a copy of back to his client in the pennsylvania spirit court after reading the turner finlay letter and the merit i mean excuse me the record they also determine my direct argument there are certainly numerous numerous cases and pennsylvania where appeals have been granted nonprofit talk if that's a concert of the court i  circumstances judge greenberg at least has researched things better than i am has found cases as i understand it they say that they can do that and i would agree that there are probably circumstances where they have to and that that's the that's the nature of courts generally in my experience is that sometimes they will give extensions of time and do things where the role says they can cannot and since the pennsylvania supreme court can do that and apparently has done that points in the past i think that mr  jenkins there is an argument that statutorily he's within the time limit because that motion held that place for him until the pennsylvania supreme court for whatever reason reasons they didn't given their order said that they were denying that order and with and the time after that he filed his habeas corpus petition and it was time