Did U.S. District Court and/or Fifth Circuit err by misconstruing Rule 60(b) as a federal habeas and time-barring petition without allowing equitable tolling and/or Certificate of Appealability (COA) upon newly discovered suppressed impeding proceeding on unlitigated, meritorious claim(s) and unconstitutional denial of 5th Amendment abd denial of Due Process under the 14th Amendment of the U.S. Constitution?

QUESTION(S) PRESENTED Question #1: Did U.S. District Court and/or Fifth Circuit err by misconstruing Rule 60(b) as a federal habeas and time-barring petition without allowing equitable tolling and/or Certificate of Appealability (COA) upon newly discovered suppressed impeding proceeding on unlitigated, . meritorious claim(s) and unconstitutional denial of 5th Amendment abd denial of Due Process under the 14th Amendment of the U.S. Constitution? ; Question #2: Was retained attorney ineffective for failure to object to forged invalid charging instrument that had no signature from Grand Jury Foreman? : PARTIES : Petitioner, pro se: Ronald Charles Washington, TDCJ#1839046, 1391 FM 3328, Termessee Colony, TX., 75880 : For Respondent Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division: Texas Assistant. Attorney General, Casey Soloman, P.O. Box 12548, Capitol Sta. tion, Austin, Texas, 78711. PRIOR OPINIONS AND ORDERS February 18, 2013 Conviction, Aggravated Assault with deadly weapon FM; Harris , County, TX.; Gase #1357621 September 18, 2014 Direct Appeal affirmed; Washington v. State, No. 01-1300369-CR; 2014 WL 4658476 / December 3, 2014 Motion for Rehearing, denied January 5, 2015 Petition for Extension of time to file PDR, did not file September 9, 2015 Petition for State Writ of Habeas Corpus : October 14, 2015 State Petitioned Motion Requesting Designation of Issues, IAC, No conclusion communicated June 22, 2016 Writ of Habeas Corpus, denied without written order or hearing : December 28, 2017 Filed Rule 60(b) Motion May 15, 2020 Rule 60(b) denied and dismissed with prejudice. H-18-0095 June 15, 2020 Filed Notice of Appeal August 18, 2020 U.S. District Court for the Southern District of Houston Div., ; denied in forma pauperis and construed COA motion June 23, 2020 Petition to file COA and Brief in Support, Fifth Circuit, 4:18ev-95, 20-20299 . July 13, 2020 COA and Brief and in forma pauperis, denied August 26, 2020 COA, Brief and IFP filed’again April 28, 2012 COA, Brief and IFP, denied May 13, 2021 Filed Motion for Rehearing En banc, Fifth Circuit June 2nd..and 28th 2021 Filed Motion to take action on Rehearing En banc, "July 9, 2021 Motion for Rehearing En banc, granted July 23, 2021 Rehearing En banc, denied. : BASIS OF JURISDICTION Seeking U.S. Supreme Court review of the denial of permission to file an out of time habeas petition for postconviction relief under 28 U.S.C.§ 2254 Rule 1; | denial was by Court of Appeals, Fifth Circuit on July 13, 2020 and April 28, 2021. Rehearing was denied by Court of Appeals, Fifth Circuit on July 23, 2021, which renders if final. Jurisdiction is conferred on this €ourt by'UzS. Supreme Court Rules 10(c) and 13(1). The denial conflicts with 28 U.S.C.§ 2254 (c}(2), the Due Process Clause of the 5th Amendment and 14th Amendment as read in McQuiggin v. Perkins, 133 S. Ct. 1924 (2019) and Holland v. Florida, 560 U.S. 631. | CONSTITUTIONAL PROVISIONS AND STATUTES United States Constitution, Amendment V and XIV United States Supreme Court Rules 10(c) and 13(1) 28 U.S.C. § 2253(c)(2) 28 U.S.C. § 2244(d)(1)(B) : _ 28 USS.C. § 2244(d)(1)(D) 28 U.S.C. § 2254 Rule 1 Texas Penal Code CCP. Art. 12.06 . Texas Penal Code CCP. Art. 21.02 Washington plead guilty to the charge of aggravated assault with deadly weapon-family member. Plea was coerced by his retained attorney that the "judge would grant probation for a first time offender." That plea was before a sitting and sworn jury; double jeopardy had attached as he withdrew his plea with permission from judge. The jury was dismissed from all duties of the trial. A mistrial was declaréd; Washington entered a plea of guilty (again). This plea was unknowingly, unwillingly and involuntarily given, hence, the State's motion Requesting Designation of Issueszregarding IAC-ineffective assistance of counsel on guilty plea (October 14, 2015). No reply about motion received. The State's motion "Designation of Issues"