Joseph Raymond McCoy v. Angel Gonzales, et al.
DueProcess
Whether a district court's failure to comply with legislative intent under Title 28 Sections 636(b)(1)(A), 144, and 1291 constitutes grounds for judicial review or remedial action
mail, addressed to the Clerk of the Court, are such documents deemed "filed"? 7,-when confining authority fails to serve and file opposition or a statement of no opposition to the granting of relief sought by movant, alleging Bounds Verses Smith violations . by confining authority, mandated by local court rules, subject to imposition of sanctions, including waiver of any opposition to the granting of the relief sought, is it within the Court's power, authority, or discretion not to conduct inquiry prior to entry of judgment or ruling thereon? 8>, When magistrate judge's order directing judgment on the pleadings, or for summary judgment is clearly contrary to U«S. Congress' legislative intent upon its enactment of Title 28 Section 636(b)(1)(A) of the United States Code, Jurisdiction, Powers and Temporary Assignment. What is the remedy? 9. Whenever a party in any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge proceed no further therein, but another judge shall be assigned to hear such proceeding. If and or when the district court fails or refuses to comply with U.S. Congress' legislative intent upon its enactment of Title 28 Section 144 of the United States Code, mandate. What is the remedy? 2 of 4 QtJESTIOKS PRESENTED 10. Congress" legislative intent upon its enactment of Title 28 Section 1291. Final Decisions of District Courts, Jurisdiction -. shall have and Venue, mandating, the courts of appeals jurisdiction of appeals from all decisions of the district courts• « • of the United States, is it clear, Congress ’ legislative intent upon enactment of §1291. Final Decisions of the district courts of the United States, intends "all final decisions" to mean, the process by which "all final decisions" is reached, and not the decision itself, otherwise, the reference to "all final decisions ” would be mere surpluasage, entirely without meaning? 11. When the United States Court of Appeals for the Ninth Circuit construed Petitioner's (Petition For Panel Rehearing) a (Motion For Reconsideration), was this contrary to this Court's holdings in Marbury Verses Madison (cited) therein? 12. When the United States District Court for the Eastern District of California, declined to address and resovle on the merits of Petitioner's motion in opposition to defendant's motion for summary judgment, table of exhibits marked (A)—(Z—10); memorandum of points and authorities, prior to adoption in full magistrate judge's findings and recommendations, and entering summary judgment for defendants', was this fair? 13. When the United States Diso.sio Daf.o na. om, -reo , .h 3 of 4 QUESTIONS PE^BSEHTED 13. When the 'United State;; District Court for the eastern District Of California denied all petitioner's motions sought to accurately prosecute and maintain a pliable defense and in this same regard granted all motions filed by adversed party to the same effect, was this fair? 14. When the United States District Judge presiding over this case failed to comply with the United States Court of Appeals for the Ninth Circuit's instruction to reverse his entery of summary judgment on exhaustion, and enter judgment .in favor of Petitioner, did the United States District Court for the Eastern District of California, have jurisdiction? 15. What did this Court mean, to close their eyes on the Constitution and see only the law? 15. If petitioner receives an injury, is he entitled to a remedy? 17. If so, then what is that remedy? 4 of 4