Whether the Court of Appeals has reached a genuinely final judgment under 28 U.S.C. §2101 (c) and this Court's Rule 13.3?

QUESTION PRESENTED District Court dismissed petitioner’s 42 U.S.C. §1983 claim finding no violations of judgment debtors’ procedural Due Process right under the Fourteenth Amendment in California’s examination proceedings that do not require a notice to inform debtors of their right to claim exemptions prior to issuance of a turnover order. In making such a decision, District Court did not follow the well settled principle that a temporary, nonfinal deprivation of property is a “deprivation” in the terms of the Fourteenth Amendment, see Fuentes v. Shevin, 407 U.S. 67, 85 (1972), instead District Court relied on California state appellate courts’ decisions that upheld the statutes finding no impairment because debtors are able to file claims and recover exempt property after compliance with the turnover order. In addition, District Court found that petitioner’s claim was frivolous under 28 U.S.C. §1915 because petitioner was aware of those state courts’ decisions. Court of Appeals for the Ninth Circuit dismissed petitioner’s appeal as frivolous and stated that “No further filing will be entertained in this closed case”, but the Court of Appeals didn’t make any findings of good cause to suspend rehearing proceedings and didn’t order its mandate to be issued forthwith. Petitioner timely filed a motion for reconsideration seeking reversal of the Court of Appeals’ dismissal and the Court of Appeals struck the motion refusing to rule it. The question presented is: Whether the Court of Appeals has reached a genuinely final judgment under 28 U.S.C. §2101 (c) and this Court’s Rule 13.3? i If the answer is No, whether a writ of mandamus should issue directing the Court of Appeals to rule the motion for reconsideration? (What remedy is available?) If the answer is Yes, the Court of Appeals has reached a genuinely final judgment under 28 U.S.C. §2101 (c) and this Court’s Rule 13.3, | 1. When did the Court of Appeals’ judgment become final? 2. What remedy could this Court issue? ii