Whether a trial judge can assign a non-consent magistrate judge to hear a 2255 motion involving the trial judge's own actions

QUESTIONS PRESENTED 1. Isit proper for Trial Judge, Kim R. Gibson, to “assign” a non consent Magistrate Judge, Keith A. Pesto, who works out of the same Courthouse as Judge Gibson (Indiana, Pennsylvania) to hear a 2255 Motion involving “error”, denial of due process and | retaliation that Trial Judge, Kim R. Gibson is directly involved in? This “assignment” occurred when Trial Judge Kim R. Gibson refused to recuse himself from the case and ruled on the recusal motion himself. 2. 1s it proper for Trial Judge Kim R. Gibson, and Magistrate Judge Keith A. Pesto to be allowed to further deny the Petitioner’s Constitutional Rights by refusing to rule on the Petitioner’s 2255 motion in good faith on the merits of the case, where numerous substantial showings of the denial of constitutional rights exist? This lead to the Petitioner having to file an appeal to the Third Circuit Court of Appeals, which never should have occurred. 3. Does Rule 4(a)(2) apply to a Magistrate Judge’s Report and Recommendation when a final order by Trial Judge (Kim Gibson), adopting the Report and Recommendation of the . Magistrate Judge was intentionally never mailed to the Petitioner as required by Rule 77(d) of the Federal Rules of Civil Procedure? 4. Is it proper for the United States Court of Appeals of the Third Circuit to claim jurisdictional defect by wrongfully asserting that the Petitioner failed to file a timely notice of appeal from the district court to the appellate court after accepting the $505.00 filing fee, while proof exists that a timely notice of appeal was filed. | i