Whether the United States Court of Appeals for the Ninth Circuit properly applied waiver on appeal as a new exception to bypass the Rooker-Feldman jurisdictional question for the merit question

QUESTIONS PRESENTED I. Whether the United States Court of Appeals for the Ninth Circuit properly . applied waiver on appeal as a new exception to bypass the Rooker-Feldman. jurisdictional question for the merit question when a different outcome results and which conflicts with the First Circuit and other circuits that apply hypothetical jurisdiction only if the outcome does not change or it is within the established factors discussed in Steel Co. to apply hypothetical jurisdiction to bypass a more difficult statutory jurisdictional question for an easier merits or non-merit preclusion question? : II. This Court must resolve the very important question dividing the United States Courts of Appeals for the Ninth Circuit and Seventh Circuit as to whether the circuit judge or circuit court must sua sponte raise the civil rights 42 U.S.C. §1985 claim or §1983 claim or defense in an attorney-drafted complaint before affirming a district court's dismissal of the complaint with prejudice? i