Is a civil plaintiff deprived of property without the due process of law guaranteed by the Fifth Amendment to the U.S. Constitution, where a district court dismisses the action on the basis of judicial estoppel at the pleading stage, i.e., where the court makes the factual determination the party intended to make a mockery of the judicial system without an evidentiary hearing.

Is a civil plaintiff deprived of property without due process of law guaranteed by the Fifth Amendment where a district court dismisses the action on the basis of judicial-estoppel at the pleading stage without an evidentiary hearing?