Whether the United States Court of Appeals for the Sixth Circuit incorrectly dismissed the civil action in conflict with existing rules of appellate procedure; placing the plaintiff and the defendant in violation of due process; circumventing the process of default judgment and due process under U.S. Const. Amend. 1 and U.S. Const. Amend. 14

QUESTIONS PRESENTED The position of Clerk of the Court is an appointed . position and is not an arbitrator of civil actions. The Clerk of the United States District Court for the Middle District of Tennessee is the officer of the United States District Court responsible for overseeing filings with the Court and maintaining its records. The United States District Court Clerk's duties are prescribed by Rule 45 Clerk's Duties and by the Court's customs and practices. The Clerk's Office is responsible for maintaining the dockets and records of , the Court. Rule 45 (a) (b) does not allow the Court Clerk to modify records. Rule 55 (a) requires the Court Clerk to Enter a Default if the record does not show a party responded to a civil action within the required time, Fisher v. Taylor, 1 F.R.D. 448, 448 (E.D. Tenn. 1940); United States v. Jackson, 25 F. Supp. 79, 79-80 (D. Or. 1938); see 6 J. Moore, Federal Practice 55.03[1] (2d , ed.1976); 10 C. Wright & A. Miller, supra note 10, § 2682. In this case, the Court Clerk for the United States District Court for the Middle District of Tennessee denied an Entry of Default in Edward Ronny Arnold v. Burns Phillips, Commissioner of the State of Tennessee Department of Labor and Workforce Development 3:18-cv-0541. ii The questions presented are: 1. Whether the United States Court of Appeals for the Sixth Circuit incorrectly dismissed the civil action in conflict with existing rules of appellate procedure; placing . : the plaintiff and the defendant in violation of due process; circumventing the process of default judgment and due process under U.S. Const. Amend. 1 and U.S. Const. Amend. 14. 2. Whether the Court Clerk for the United States , District Court for the Middle District of Tennessee denied an entry of default in violation of Rule 55 (a). 3. Whether the Court Clerk for the United States District Court for the Middle District of Tennessee’s acceptance of documents transmitted more than eight (8) : months after the date of default constitutes a violation of Fed. Rule 5.4.9 SERVICE OF DOCUMENTS BY : ELECTRONIC MEANS which requires both parties to consent to electronic filing and constitutes an unequal access to the courts by the low-income, fixed-income Pro Se litigant. ; ; iii :