Was Petitioner's right to Due Process violated?

QUESTIONS PRESENTED : 1. Was Petitioner’s right to Due Process violated in this case by the Court of ‘ Appeals making an original argument, premised on a case that nobody had cited in this : case, in their summary dispositive order, and then arbitrarily rejecting Petitioner’s Petition | for Panel Rehearing without any consideration whatsoever? | 2. The Court of Appeals was objectively in error regarding the scope of their ‘ jurisdiction and arbitrarily refused to review their decision. Should the Court of Appeals be required to exercise the jurisdiction they have, or should they be allowed to misconstrue the scope of their jurisdiction and refuse to review filings they objectively do have jurisdiction over? | | 3. Is Swimmer v. IRS contrary to Clay v. United States, and 28 USC Ch. 83? Is / there any language in the Rules of Procedure supporting the 9" Circuit’s interpretation of the FRAP Rule 4 in Swimmer? | i | | | PARTIES TO THE CASE , Petitioner is Brian Best, a victim of torture of near-murder, under a camera and in . front of 6 witnesses, under color of law, where the County admits to destroying material evidence which was a violation of law. Respondent is Virgil Smith, in his individual capacity. Of note, after other parties were dismissed from the case, the District Court actively obstructed Petitioner from amending the complaint, and the claims were not adjudicated, the 9" Circuit attempted to re-add those parties to the case on appeal, and then refused to review the appeal. The claims against those parties were not adjudicated. | LIST OF PROCEEDINGS | In the U.S. Court of Appeals for the Ninth Circuit, No. 22-16809, Best v. Smith, the Court’s disposition was entered May 31, 2023. Petitioner’s petition for panel rehearing ; was rejected August 31, 2023. In the U.S. District Court for the Northern District of California, No. 4:19-cv-02252-YGR, the orders appealed from were entered October 25, 2022, and August 29, 2022. } | | |