Whether the Ninth Circuit violated due process by dismissing a pro se appeal as frivolous without providing legal reasoning or analysis, and whether such dismissal constitutes an abuse of judicial discretion

No question identified. : resources available to the public. 2) The 9th Circuit did not make a decision on Mendez Motion for Clarification and Reconsideration. The pleading summarizes the issues that will be presented on the petition for writ of certiorari 3) The 9th Circuit held the appeal to be frivolous without providing legal authorities with an analysis, reasoning, elaboration, application of legal standards. used to determine appeal as frivolous. In the context of 28 USC 1915 cases, frivolous has been defined as lacking arguable basis either in law or in fact, being clearly baseless, actions describing fantastic or delusional scenarios. Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed2d 338 (1989). 4) In order to file a Petition for Rehearing or Motion for Reconsideration at the circuit, the petition must state with particularity each point of law or fact that the petitioner believes the court has overlooked or misapprehended.but the 9th Circuit did not elaborate on the 12/14/2023 Order and is refusing to do so after Mendez is seeking Clarification. 5) In addition to dismissing a 28 USC 1915 appeal as frivolous without an elaborate order; the 9th circuit also took a significant delay to mail the order. 6) The dismissal under 28 USC 1915 is not a merits decision. The district court dismissed it as a discovery sanction but that is also not a decision on the merits of the case. More importantly the same district court allowed five motions to get the case dismissed. The same district court has subjected Mendez to dismissal sanctions on three separate cases and thus Mendez has legitimate concerns with violation of Due Process and abuse of power by the district court. The issue is that the circuit is not correcting the abusive behavior by the district court, and it's left to the Supreme Court to correct those abuses at the lower court. CONCLUSION 2 Mendez understands that review by the Supreme Court is discretionary and Mendez is aware that the Supreme Court very rarely hears pro se cases. Mendez does not see any harm in granting an extension to file the petition since its possible the Supreme Court might decide to correct the abuses at the lower court. DATED: February 12, 2023 Raul Mendez Raul Mendez 2712 N Goldeneye Way Meridian, Idaho 83646 Telephone: (208) 871-7237 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RAUL MENDEZ, Appellant, No. 23-35263 Case No. 1:19-cv-507-DCN Vs. MOTION FOR CLARIFICATION AND RECONSIDERATION PER CIRCUIT MOONRIDGE NEIGHBORHOOD RULE 27-10 (A)(1) AND FRAP 40 (A) ASSOCIATION Inc.; et al., Appellees. RAUL MENDEZ, appellant pro se is aware that the rules only permit a Petition for Rehearing or Motion to Reconsider after the final disposition of appeals. There are several issues here: 1) The 9th Circuit issued an Order on 12/14/2023. Exhibit 1. 2) It was not mailed until 4 days later on 12/18/2023. Exhibit 2. 3) It was not received in the mail until December 29, 2023 because of delays with the holiday season. 4) Local Rule 27-10 allows for filings of Motions for 14 days from entry of Orders. Exhibit 3. The Motion to Reconsider falls under FRAP 40 (a). Exhibit 4. 5) taking the 12/14/2023 date, then the 14 days expired on 12/28/2023. However, it was not put in the mail until 4 days later and if we were to take the 12/18/2023 date, then the 14 days expired on 1/2/2023. Federal Appellate Rule 26 (c) also provide the additional three days and if the 3 days are added to the above dates then the deadlines become 1/2 and 1/5.but Mendez got it in the mail until 12/29/2023 because of the Holiday; therefore justice so requires consideration be given to the delay to mail the order and the holiday season causing delays as well. The 12/14/2023 Order dismissing the appeal as frivolous does not provide legal authorities with an analysis, reasoning, elaboration, application of legal standards. used to determine appeal as frivolous. There is no reference to any facts either. Therefore, Mendez requ