Doug Kisaka v. University of Southern California
DueProcess FourthAmendment
Can a district court judge rely on a state court's intermediate interpretation of a federal court dismissal to the disregard of the federal court's own ruling, and can a state court alter the claim preclusive effect of a federal court ruling?
1 (a) . “In a case originating in federal court, can a district court judge in the final and 5th Action, rely on a state court ’s intermediate interpretation of a federal court dismissal to the disregard and exclusion of the interpretation of the plain text of the ruling of the federal court dismissal itself and its restatement with clarification by the same district court judge in a superseding ruling in a 2nd Action?" (b) “If a district court can rely on the intermediate ruling of a state court instead of the findings of fact by a district court judge in the initiating action, then that begs the question, “Can a state court alter the claim preclusive effect of a federal court ruling? ” (c) Which further begs the question, “Regardless of the legal basis for a ruling, does a district court judge ’s discretion in a final action extend to materially altering the claim preclusive effect of a prior district court judge ’s dismissal in the initiating action and if not, does it porte.hd a potentially reversible error? “ Question 2. “Can a case involving an ongoing infringement of an individual ’s civil rights stemming from the same source within the same limited time period, be barred by resjudicata, permitting the breach of those rights to continue with impunity in perpetuity? ” Question 3. "Does the denial of a self represented appellant ’s legitimate request to include admissible evidence in order to complete the record on appeal, under FRAP Rule 30-1.3 supplemental excerpts or record when the appellee fails to do so, constitute a denial of due process and a reversible error? ” (ii) List of Proceedings US District Court Case No. 2:11-CV-01942-BRO, Kisaka v USC Order of dismissal: April 4, 2014 9th Circuit Court of Appeals Appeal No. 14-55649, Kisaka v USC Order affirming dismissal: August 26, 2016 US District Court Case No. 2:17-CV-01746-BRO, Kisaka v USC Order granting remand: May 11,2017 Los Angeles Superior Court Case BC650048, Kisaka v USC Order sustaining demurrer: August 3, 2017 CA 2nd District Appellate Court Case. No B284559, Kisaka v USC Order affirming dismissal: Feb 19, 2019 US District Court Case No. 2:21-CV-04757-CJC, Kisaka v USC Order of dismissal: December 16, 2021 Order denying reinstatement & Judgment: September 26, 2022 9th Circuit Court of Appeals Case No. 22-59455, Kisaka v USC Memorandum affirming denial: January 24, 2024 Order on rehearing, preserving memorandum: July 31,2024 ii (iii)