Whether the fact-finding process under Fed. R. Civ. P. 52 permits a court to fabricate or use fabricated facts not found in the pleadings, altering the issues

No question identified. : STATEMENT OF THE ISSUES 1. Whether the fact finding process under Fed. R. Civ. Proc 52, allowing a court (judge) to present the facts of a case in their own words, also permit a court to fabricate or usefabricated facts not found in the four corners of the pleading altering the issues; would the use of such facts be clearly erroneous and an abuse of discretion. ; 2. Whether a Circuit court abuses it discretion when it fails to review the ; ; record independently but defers to the Dist. Court, after being informed that the factual findings relied upon by the Dist. Court were fabricated, : clearly erroneous, and not found in the record or pleadings. 3. Whether the deliberate presentation of a fabricated fact and reliance upon that fact by a judicial officer affecting the outcome of a federal proceeding warrants relief under Fed. R. Civ. Proc. 60(b)(6),or 60(d)(3)._ 4. Whether the application of Fed. R. 12(b)(6) for failure to state a claim is clearly erroneous when there has been no presentation of factual findings under R. 52 to test the legal sufficiency of the claim, or claims found within the pleadings. ~S PARTIES TO PROCEEDING Fatimah D. Brown individually, Rebecca Botchway Individually; Eleanor E. Hilow individually and as the Magistrate of the Court of Cuyahoga County Common Pleas, Juvenile Division; Stephen Dejohn individually and Official capacity as Attorney; Donald L. Ramsey individually and official capacity as Judge of the Cuyahoga County Common Pleas Court, Juvenile Division; Sean C. Gallagher, Tim McCormack, Kenneth A. Rocco individually and official capacity as Judges of the Cuyahoga County Eighth District Court of Appeals; Joseph C. Young, individually and official capacity as Asst. Prosecutor Cuyahoga County; Timothy J. McGinty, individually and as The Cuyahoga County Prosecutor; John Jackson individually, and as Assistant Cuyahoga County Prosecutor. ; . Page | ii