Did the district court make two reversible errors in swa sponte raising the statutes of limitations affirmative defense to dismiss the Petitioner's Bivens action and ignoring the Petitioner's statutory right to remand his removed Bivens action?

QUESTIONS PRESENTED The district court sua sponte raised the statutes of limitations affirmative defense to in part dismiss the Petitioner’s Bivens action. The district court also : ignored the Petitioner’s statutory right to motion for ; a remand of his removed Bivens action. Secondly, the circuit court’s conclusion that the Petitioner’s Bivens action is precluded because the FTCA judgment bar had been triggered by the Petitioner’s previously dismissed FTCA claim is at odds with Supreme Court precedents. The Questions Presented Are: 1) Did the district court make two reversible errors in 1) swa sponte raising the statutes of limitations . affirmative defense to dismiss the Petitioner’s Bivens action and 2) ignoring the Petitioner’s statutory right to remand his removed Bivens action? 2) Was the Petitioner’s previously dismissed FTCA claim a Section 2680 “Exception” to the FTCA that did not trigger the FTCA judgment bar? LIST OF PROCEEDINGS ; USS. Court of Appeals for the Fourth Circuit ; No. 23-1300° Brent Clark, v. Dr. Vibeke Dankwa, ; individually and in her official capacity, DefendantAppellee. Date of Final Opinion: October 26, 2023 Date of Rehearing Denial: January 17, 2024 U.S. District Court for the Northern District of West Virginia at Wheeling No. 5:23-CV-9 Brent Clark, Plaintiff, v. Dr. Vibeke Dankwa, individually and in her official capacity, Defendant. ; Date of Final Order: January 19, 2023