Whether a district court judge violates due process by sua sponte dismissing a complaint as frivolous without a hearing

QUESTIONS PRESENTED FOR REVIEW | District Court Judge Elizabeth A. Wolford of the Western District of New ' York held, and the Second Circuit affirmed, that District Court Judge Frank Paul 1 Geraci, Jr. enjoys absolute immunity to: (i) a claim of his violation of the “good ; : behavior” condition subsequent found in Article III, Section 1 of the Constitution ‘ and (ii) a Constitutional cause of action grounded upon Bivens v. Six Unknown i Named Agents of Federal Bureau of Narcotics. Moreover, Judge Wolford sua sponte i dismissed and deemed frivolous those and other claims without allowing Petitioner | ; to be “heard” prior to the dismissal. These holdings raise three substantial federal HI questions that warrant immediate review by this Court: 1 1. Whether a District Court Judge runs afoul of due process by a sua | sponte dismissal of Petitioner's Complaint without “hearing” argument and then deeming that Complaint, and thus Petitioner, frivolous? 1 2. Whether the Constitutional authority to remove a federal judge from office is a power exclusively granted to Congress or a concurrent limited grant of power to Congress and, under the Ninth and Tenth Amendments, otherwise wholly reserved to the People? 3. Whether absolute judicial immunity is a bar to a Bivens claim arising from the First Amendment right to petition? \ Se | | . i I 1 | i PARTIES TO PROCEEDING | 1 The following individuals and entities are