Is the Fifth Circuit Court of Appeal's deliberate refusal to adjudicate appealed issues a failure to execute duties or abuse of discretion?

QUESTIONS PRESENTED Petitioner appealed to the Fifth Circuit Appellate Court of Appeals over abuse of discretion , of three(3) distinct issues tightly relating to each other. The Fifth Circuit issued an opinion which omitted addressing the first and third issues. Petitioner motioned for the court to address those issues because if there were findings of abuse of discretion, the second issue automatically would be an abuse of discretion, contradictory to their opinion. The Fifth Circuit Court of Appeals denied the second request to adjudicate the issues on October 12¢h, 2021. This Petition originally arrived at the Supreme Court on January 11h, 2021. The clerk sent it back to petitioner twice. This petition is asking the Supreme Court to mandate the Fifth Circuit Court of Appeals to execute their duties and adjudicate the appealed issues. 1. Is the Fifth Circuit Court of Appeal’s deliberate refusal to adjudicate appealed issues, willfully denying a second request, a failure to execute its duties or abuse of discretion? i