Nawaz Ahmed v. Bill Cool, Warden
DueProcess HabeasCorpus Patent Privacy
Whether the Court of Appeals lacks appellate jurisdiction to proceed in appeal case 21-3542 due to district court orders lacking finality and failure to adjudicate all claims
QUESTIONS PRESENTED FOR REVIEW ; QUESTION(a) Is Court of Appeals lack Appellate Jurisdiction to proceed in appeal case 21-3542 by COA on some claim because district court Orders (Ecf.156,194) lack finality due to district court failure to adjudicate all claims in First Petition (Doc.35) and all claims in statecourt record judiciable under Fed. R. Civ. P. 15(b)(2) as cited in unopposed (Ecf 177 filed 12/22/20), 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 Appeal case 20-4153, wrongly dismissed by court, must be reinstated, and mischiefs of misconstruction be prevented by writ of Certiorari 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 exclusive right “NOT TO TAKE the Second, Duplicate APPEAL” in case 21-3542, from non-final Orders, (Ecf.156,194), cannot be over-ridden by counsels and by Appeal Court by Court erroneously dismissing First jurisdictionally sound appeal case 20-4153 (Ecf.164,196) seeking Remand Back 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, second, duplicate case 21-3542” was sought but erroneously denied, in lack of jurisdiction, to avoid Remand back to district court whose Opinion failed to specifically rule upon all claims in Petition (DOC.35), in ROW R&R (Doc.88), Timely Objections (DOC.105 and Supplemental Objections(Doc.147) and (Doc.190) and those claims judiciable under Fed. R. Civ. P. 15(b)(2). QUESTION(d) Can Court of Appeals avoid its foremost 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; and . lacking adjudication of 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, 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. Page 3|15 LIST. OF PARTIES [ ] All parties appear in the caption of the case on the cover page. [ ] All parties do not appear in the caption of the case on the cover page. A list of all