Whether the lower court erred in denying legal sufficiency of the well-pleaded facts of unlawful termination without cause and restricting judicial review to the arbitrary and capricious standard under the Administrative Procedure Act

QUESTIONS PRESENTED. 1. Whether the Three Judge Panel’s ruling invites judicial review for Petition for Writ of Certiorari : . where the ruling conflicts with the Supreme Courts’ , decisions and United States Circuit Courts rulings : ' hence the lower court admit the well pleaded facts of : _ unlawful termination without cause but denies its legal . sufficiency disregard judicial review of the merits of the Administrative Agency’s decision is restricted to . arbitrary and capricious standard under Section 10 of the Administrative Procedure Act 5 U.S.C. § 701, et seq. 2. Whether the preliminary injunction should ; issue enjoining Retired Chief Operating Officer of : . Federal Prison discriminatory practice under 18 U.S.C. § 4126 attending 28 €.F.R. Part 301 and enjoin dis. parate impact pursuant Inmate Accident Compensation Procedure under 18 U.S.C. § 4126 delineated in 28 C.F.R. § 301.314 et seg., where Department of Justice concede intentional waiver to oppose Appellant’s Appeal Brief upon Three Judge Panel failure to enter finding _ of fact and conclusion of law in denying Appeal hence the Three Judge Panel abused its discretion chill . : Appellant’s First Amendment speech right to the . Petition for rehearing En Banc circumventing Title ; ; O VII of Civil Rights Act of 1964 remedy for issuance of ; mandatory Preliminary Injunction. . ii '