Gregory Steshenko v. Foothill-De Anza Community College District, et al.
DueProcess
Whether the interlocutory decisions of the federal courts especially, those appealed under 28 U.S.C. § 1292 ever become the final determinations?
QUESTIONS PRESENTED 1. Whether the interlocutory decisions of the federal courts especially, those appealed under 28 U.S.C. § 1292 ever become the final determinations? 2. Whether the interlocutory motions and their permitted under 28 U.S.C. § 1292 appeals continue their active existence after being adjudicated? 3. Whether the doctrine of backpropagation is valid? According to that doctrine, invented by the Sixth District of the California Court of Appeal, the final adverse to the plaintiff determination propagates back and makes all the interlocutory adverse decisions on the motions and appeals in a given case the final determinations. The court held that multiple final determinations of the same issue in the same case are possible. 4. Whether counting of the federal interlocutory appeal under 28 U.S.C. § 1292 for the threshold established by the California Code of Civil Procedure, § 391, subd. (b)(1), violated petitioner’s due process rights andhig === constitutional right of access to courts? That action resulted in, branding 6 . , . petitioner a “vexatious litigant,” an automatic, nonmeritorious dismisal of ‘ | . petitioner’s civil rights lawsuit and denial of his access to the state courts.