DueProcess HabeasCorpus Patent Privacy
Whether a writ of prohibition is available to challenge an appellate court's jurisdiction when district court orders lack finality due to unadjudicated claims
QUESTIONS PRESENTED FOR REVIEW QUESTION(a) Is Writ of Prohibition available to prohibit the. Court of Appeals lacking Appellate Jurisdiction to exceed its jurisdiction to proceed in appeal case 21-3542 by COA on some claim when district court Orders (Ecf.156,194) lack finality due to failure to adjudicate Nineteen claims in First Petition (Doc.35) and fifty_claims in state-court record judiciable under Fed. R. Civ. P. 15(b)(2) as cited in (Ecf 177 filed at para 3 and 30 and explicitly listed again in ECF.Doc.196. filed on June 03,2021 titled, “Amended Notice of Appeal and Motion Seeking Remand due to lack of Finality” filed in First Appeal case 20-4153, wrongly dismissed by court, must be reinstated, and mischiefs of misconstruction be prevented by writ of prohibition due to Lack of Jurisdiction per, Collins v. Miller, 252 U.S. 364, 365, 370 (1920); Porter v. Zook, 803 F.3d 694, 695, 697, 699 (4th Cir. 2015) and FHCPP, § 35.1. Final orders.,n.13. QUESTION (b) Did Court of appeals erroneously deny Petitioner’s Unopposed Fed. R. App. P. 42(b(2) Motions for Voluntary Dismissal of unauthorized-Second appeal case 21-3542 that Court of Appeals must Reinstate appeal case 21-4153 (Ecf.164,196)filed on June 03.2021 titled, “Amended Notice of Appeal and Motion Seeking Remand due to lack of Finality” to adjudicate all claims before single appeal from final Orders. QUESTION (c) Is Writ of Prohibition to enforce exclusive right “NOT TO TAKE the Second, Duplicate APPEAL” in case 21-3542, from non-final Orders, (Ecf.156,194), may not be over-ridden by counsels and Appeal Court by Court’s erroneous dismissing First appeal case 20-4153 (Ecf.164,196) filed on June 03,2021 titled, “Amended rage Z| 44 Notice of Appeal and Motion Seeking Remand due to lack of Finality to adjudicate all habeas claims in Petition(Ecf.35) and in state court record judiciable under Fed. R. Civ. P. 15(b)(2) when “unopposed Fed. R. App. P. 42(b(2) Motions for Voluntary dismissal of unauthorized, duplicate case 21-3542” was sought but erroneously denied, in lack of jurisdiction, to avoid Remand back to district court whose failed to specifically rule upon all claims in Petition R&R (Doc.88), Timely Objected in Objections Doc.#147 and190). QUESTION(d) Can Court of Appeals avoid duty to determine first the “lack of finality of appealed judgment” (Ecf.156,194), explicitly listed in ECF.Doc.196. filed on June 03,2021 titled, “Amended Notice of Appeal and Motion Seeking Remand due to lack of Finality”, raised in (Ecf 177 filed at para 3 and 30; With Unadjudicated ) nineteen habeas claims in Petition(Doc.35) and fifty claims in state court record, judiciable under Fed. R. Civ. P. 15(b)(2) and counsels by misconduct not raising Lack of finality, by disloyalty, abandonment, hostile intentional deficient pleadings, irreconcilable conflict, disregarding the Petitioner’s decision to not to take an appeal and not to seek COA (violating agency) counsels filing second, duplicate appeal, not authorized by Petitioner, counsels Not seeking Remand back to district court to adjudicate all claims for finality. Page 3|14