This Court has a jurisdiction

QUESTION defraud I

The judge and panel "erroneous factual findings"' Kim I, that On March 28, 2011 the U.S. Marshal Christine Elmy (b)(7)(C)was not mailed the complaint and the USM Form -299 Receipt of Summons and Complaint to defendants until present 2which is "[ on March28, 2011 ]there is no evidence that defendants were served" (Order, Kim IP.2, ECF No 48 and Appendix H). "the Court find the Magistrate judge's Order(docket #48)neither clearly erroneous nor contrary to law" (Appendix G) and denied Application for entry of default and default judgment. The panels' conduct was actuary willful and malicious. The judge and panel "erroneous factual findings" that Respondents is NOT violated Statute Title 28 App Federal Title Rule 9(b) Fraud, Mistake, Condition of the Mind. This is criminal matter.

QUESTION defraud II

The judge and panel "erroneous factual findings" Kim I, that On June, 2011 defendants receiving requests waivers of service from the Marshals' office"(Order, Kim I P.2, ECF No 48) 3and denied Application for entry of default and judgment and Respondents is not violated Statute Title 28 App Federal Title Rule 9(b)Fraud, Mistake, Condition of the Mind. The panels' conduct was actuary willful and malicious. The judge and panel "erroneous factual findings" that Respondents is NOT violated Statute Title 28 App Federal Title Rule 9(b) Fraud, Mistake, Condition of the Mind. This is criminal matter.

QUESTION defraud III

The judge and panel "erroneous factual fmdings"4 Kim I, that Kim actually not served the defendants with the amended complaint" (Kim II, Order, P.2, ECF No 34, Complaint Exhibit B) and denied Application for entry of default and judgment and denied Application for entry of default and judgment and the Kim III, judge and panel "erroneous factual findings" that Respondents is not violated Statute Title 28 App Federal Title Rule 9(b)Fraud, Mistake, Condition of the Mind. The panels' conduct was actuary willful and malicious. This is criminal matter.

QUESTION defraud IV

The judge and panel "erroneous factual findings" Kim I, that the judge and Petitioner "taken as true, the Court record appears that plaintiff had actually NEVER been filed AO 399 Waiver of the Service of Summons and the U.S. Marshals had NEVER been received from the Clerk of Court the Waver Service. See. Kim I 1:11-cv-00233 dockets. Petitioner "taken as true", the judge and panel "erroneous factual findings evidence that the Court record appears the U.S. post office receipt actually appears Kim I, docket no. 46-2, docket no.52-3.docketno60-2.)See. Appendix L. Proof of service indicated that Plaintiff served amended complaint see. Appendix K. Defendants admitted that defendants received the amended complaint. See. Appendix M. panels was not follow the Fed. R. Civ. P. 12(b)(7)" [on August 10, 2011 ]defenses must be made before

Whether the district court erred in dismissing the complaint for failure to serve the defendants within the time period required by Rule 4(m) of the Federal Rules of Civil Procedure