I- WHETHER THE U.S DISTRICT COURT FOR THE DISTRICT OF NEVADA AND THE U.S COURT OF APPEALS FOR THE NINTH CIRCUIT INCORRECTLY TREATED PETITIONER'S Fed.R.Civ P 60 (b) MOTION AS SECOND OR SECCESSIVE PETITION WHEN DENIER PETITIONER'S MOTION AND CERTIFICATE OF APPELABILITY IN VIOLATION OF VILLAVERDE'S CONSTITUTIONAL RIGHTS TO DUE PROCESS OF THE FOURTEENTH AMENDMENT.

II- WHETHER THE U.S DISTRICT COURT FAILED TO ADDRESS VILLAVERDE'S MOTION OF DEFAULT JUDMENT AND DENIED WITHOUT ANY OPINION IN VIOLATION OF FEDERAL RULE OF CIVIL PROCEDURE RULE 60(b).

Whether the U.S. District Court and U.S. Court of Appeals incorrectly treated petitioner's Fed. R. Civ. P. 60(b) motion as a second or successive petition