Petitioner ask this court for review matters of law that were present at Appellate Court level but not replied.

Because petitioner incarcerated and unable secure documents for evidence and denied FOIA for me and for appt counsel raises fairness and ability be heard before court and other issues listed below.

1. Lower court dismiss case after give green light to serve defendants and matter not addressed at Appellate Court.

2. Court not informed by appt counsel that State(FOIA)refuse release documents that would verify facts in support of case.

3. Court not grant court order for FOIA documents by petitioner.

4. Court not allow evidentiary hearing for documents or evidence that could support stating a claim that petitioner knew esisted- but needed documents to provide to court.

5. Concern for health, issues memory issues, lack of interest perhaps because petitioner is in prison. The on/off and changes in courts decision give rise if court recalls case history and prior orders.

These issues of law or conflict or fairness were before the U.S. Court of Appeals and petitioner is left with no sound reason for dismissal of this violent attack on a elder 68 year old prisoner.

Whether the lower court erred in dismissing the case after granting leave to serve defendants, and in failing to address issues related to access to evidence, FOIA requests, and an evidentiary hearing