Frederick Bates v. City of San Jose, California, et al.
DueProcess Patent
Whether the Ninth Circuit's ruling affirming the dismissal conflicts with SCOTUS precedent on FRCP 60 and independent actions
QUESTIONS PRESENTED The following questions are presented: Whether the Ninth Circuit’s ruling affirming the district court’s dismissal of Petitioner’s independent action on the basis of collateral estoppel and law of the case conflicts with this Court’s precedent that under FRCP 60, res judicata must at times yield to an independent action in order to prevent a grave miscarriage of justice. Whether the Ninth Circuit’s ruling affirming the district court’s declaration that Petitioner is a vexatious litigant, and subjecting Petitioner to a pre-filing screening order is arbitrary and capricious, and deprives Petitioner of his constitutional right of access to the courts, due process, equal protection of law, and equal treatment under the law. Ma at