Whether the Berrys' Fifth Amendment Rights to Due Process were Violated

QUESTIONS PRESENTED FOR REVIEW Question 1 — Whether the Berrys’ Fifth Amendment Rights to Due Process were Violated. Question 2 Whether the federal court should have remanded under the RookerFeldman Doctrine, because taking foreclosure issues from state to federal court deprives the State of the opportunity to apply and further refine their common law in these areas of quintessential state interest. Question 3 — Whether Middle District Court violated 28 U.S. Code §636 and Rule 73 ; by issuing an order/assigning this case to a United States Magistrate Judge ~ ‘ (USMJ). Question 4 Whether the Order to Dismiss with Prejudice the Petitioners’ case is an Absolute Nullity according to LA CC Art 2033, and 2030. Question 5 Whether the Court made an error in its ruling to Dismiss with Prejudice Petitioners’ claims in light of Fraud Rule 60 b3. Question 6 Whether the Berrys’ Constitutional rights were violated. Wrongful seizure, under Louisiana law, conversion, and due process violations under federal law 42 U.S.C. 1983. Question 7 Whether the purported refinance note/ Mortgage is non-negotiable under UCC 9 Article 203b and also doctrine of ultra vires Question 8 Whether any Respondents have a legitimate interest in the note and mortgage. Whether the Promissory Note from Freddie Mac 3113 was properly securitized and assigned into Trust or MERS? Question 9 Whether the Court ruled in err based on subject matter jurisdiction, in light of 28 USC §1447 and 1441, and Doctrine of Abstention Question 10 — Whether The federal court lacks jurisdiction under Article ITI of the Constitution over the present state-filed, wrongful foreclosure lawsuit. Page 2 of 40 PARTIES Darrell Berry, Pro Se Constance Lafayette, Pro Se 8338 Greenmoss Dr. 8338 Greenmoss Dr. Baton Rouge, LA 70806 Baton Rouge, LA 70806 Plaintiff/Appellant Plaintiff/Appellant Defendants/ Appellees Wells Fargo Bank, N.A. Freddie Mac Multiclass Series 3113 501 Louisiana Avenue . 8200 Jones Branch Drive Baton Rouge, LA 70802 McClean, VA. 22102-3110 Federal Home Loan Mortgage Mortgage Electronic Registration Corporation (Freddie Mac) System (MERS) 8200 Jones Branch Drive 1818 Library Street Suite 300 McClean, VA. 22102-3110 Reston, VA 20190 Burr & Forman LLP Galloway Johnson Tompkins Burr & Christopher Daniel Meyer Smith 190 East Capitol Street Lindsay Leigh Meador Suite MIOO Benjamin Givens Torian Jackson, MS 39201 328 Settlers Trace Blvd. Attorney for Wells Fargo Lafayette, Louisiana 70508 Attorney for Freddie Mac, MERS and Multiclass Series 3113 Trust Wells Fargo Bank, NA Attorney Candace Courteau Attn: Kristine Blue, Exec. Res Dean Morris L.L.P. Specialist 1505 North 19th St. MAC F2302-02J3 36566 1 Home Campus Monroe, LA 71201 Des Moines, IA 50328-001 Wells Fargo Foreclosing Attorney Page 3 of 40