1. Whether the right to petition the government
for redress of grievances in 42 U.S.C. § 1983, U.S.
Const. Fourth and Fourteenth Amendments, and the
concepts set out by this Court in Lawler and Carstar-
phen, is violated by the procedure we challenge, that
is, the claim preclusion Res Judicata, Bar Order under
28 U.S.C. § 1651, the opinion is not a fact of Law, 42
U.S.C. 1983, 10-CV-4125, U.S. Const. Fourth Amend
ment, battery assault, on November 27, 2008, decided
on the case facts by a stipulation of settlement, and
dismissal with prejudice at the U.S.D.C. for the
S.D.N.Y. on November 8,2012, do not preclude the sub
sequent continued course of conduct in December 7,
2012, 18-CV-2948, and contradicts American Jurispru
dence 2d Judgments § 460; time of accrual of cause of
action as test for claim preclusion. If the cause of action
in the second action arises after the rendition of the
judgment in the first action, it is a different cause of
action not barred by the prior judgment. Lawler v. Na
tional Screen Service Corp., 349 U.S. 322, 75 S Ct. 865,
99 L. Ed. 1122 (1955); Carstarphen v. Milsner, 594
F. Supp. 2d 1201 (2009).

2. Whether the right to a trial by a jury man
dated by Fifth, Sixth and Fourteenth Amendments,
and U.S. Const, art. Ill § 2, cl. 3, and the concepts set
out by this Court in Apprendi, and Alleyne, was vio
lated when the United States Court of Appeals for the
Second Circuit, affirm the District Court opinion of
claim preclusion res judicata Bar Order under 28
U.S.C. §1651, an Appellate Court sitting as a fact finder
cannot affirm, a not factual position of Law, that was
not presented to a Jury, and where the § 1983 Civil
Rights Claim, for the seizure on false allegation of
Stalking 3rd, deprivation of Liberty for 47 days, the
two years and six months malicious prosecution until
2015, when the allegation was dismissed without a
trial by a Jury, and the City of Mount Vernon Court in
a trial without a jury find a verdict of guilty for a pre
text allegation Harassment 2nd, whereas the Court
Clerk tamper with the public record by false written
statements on the Certificate of Disposition; plead
guilty to Harassment 2nd, in full satisfaction, the de
vice of deceit, whether made intentional or by mistake
in the State of N.Y. is a Title K-Offences involving
fraud, Article 175 - Penal L. 175.25 (2012), 175.20

Whether the right to petition the government for redress of grievances is violated by the claim preclusion Res Judicata, Bar Order