Whether the Fifth Circuit exceeded its constitutional and appellate authority

QUESTIONS PRESENTED Petitioner’s writ of mandamus to this Court is the only remaining legal remedy to ensure that Petitioner’s viable claims against the Respondents/ Defendants are not dismissed with prejudice by a federal court that never afforded him an opportunity to be heard and where federal subject matter jurisdiction never existed. This Court’s consideration is necessary to demonstrate continued adherence to traditional and constitutionally dictated requirements; preserve the uniformity of this Court’s decisions; restore proper balance between the state and federal courts’ authority; clarify the unsettled area of law regarding improper/ wrongful removal to prevent gamesmanship and to ensure that no litigant experiences the exploitation of our judicial system experienced by Petitioner which resulted in additional costs, three (3) years of delays, unfairness, and a waste of significant judicial resources. THE QUESTIONS PRESENTED ARE: 1. Whether the Fifth Circuit exceeded its constitutional and appellate authority when it failed to review Petitioner’s repeated objections to the subject matter jurisdiction of the district court which resolved the merits of the case before establishing its jurisdiction. 2. Whether the Fifth Circuit exceeded its authority in failing to give full faith and credit to an intervening and controlling decision by the Louisiana Supreme Court involving the same Defendants preclusive to the issue of the federal courts’ lack of jurisdiction and necessitating remand of this case back to the Louisiana state court from which it was removed. ii 3. Whether the current law and jurisprudence is sufficient to deter Defendants from engaging in improper and/or wrongful removals when the benefits of removal far outweigh the risks.