WHETHER PLAINTIFF IS ENTITLED TO RELIEF FROM JUDGMENT IN LAWSUIT SHAVERS V. BERGH (EXCESSIVE USE OF FORCE CLAIMS IS DISMISSED ON THE NATURE OF THE SUSTAINED INJURY, AND NOT ON THE APPLIED FORCE) UNDER WILKINS V. GADDY, 559 U.S. BY COURT REVERSING DISMISSAL OF PRISONERS EXCESSIVE USE OF FORCE CLAIMS BASED ON THE NATURE OF THE SUSTAINED INJURY AND NOT ON THE APPLIED FORCE) ALSO UNDER ALLEN V. HARDY, 478 U.S. CT. PASSED FN. 1 CIRCUIT THAT APPEALS NOT FINAL UNTIL REHEARING OR CERTIORARI WAS PASSED UNLESS BERGH WAS NOT FINAL AND PENDING ON HER REHEARING WHEN THIS COURT MANDATED THEN WILKINS.

WHETHER SIXTH CIRCUIT COURT OF APPEALS RENDERED A DECISION IN CONFLICT WITH DECISIONS OF THIS COURT ANY OF OTHER COURT OF APPEALS WHEN IT RULED THAT DISMISSAL OF A PRISONER EXCESSIVE USE OF FORCE CLAIMS SOLELY BASED ON "THE APPROACH AND DETERMINATION THAT PRISONER FAIL TO ALLEGE MORE THAN A DE MINIMIS INJURY FOULS FA STATE A SUITABLE EXCESSIVE USE OF FORCE CLAIMS.

WHETHER SIXTH CIRCUIT COURT OF APPEALS RENDERED A DECISION IN CONFLICT WITH DECISIONS OF THIS COURT ANY OF OTHER COURT OF APPEALS WHEN IT RULED THAT DENIAL OF PETITIONER APPLICATIONS FOR ENTRIES OF DEFAULT AGAINST FINE OF THE DEFENDANTS BASED ON IMPROPER SERVICE WAS APPROPRIATE WHEN DEFENDANTS ACCEPTED SERVICE OF SUMMONS AND COMPLAINTS IN MAY FILE AN ANSWER, NOR MOTION TO DISMISS FOR IMPROPER SERVICE, OF ADVISE DISTRICT COURT OF ANY PREJUDICE AND THEREBY WAIVE THE STATUTORY RIGHT TO NOT HAVE ENTRIES OF DEFAULT AGAINST DEFENDANTS.

Whether plaintiff is entitled to relief from dismissal of lawsuit - Shavers v. Bergh (excessive use of force claims dismissed on the nature of the sustained injury, and not on the applied force) under Wilkins v. Gaddy, 559 U.S. 34 (2010) (reversing dismissal of prisoners' excessive use of force claims based on the nature of the sustained injury and not on the applied force) also under Allen v. Coughlin, 64 U.S. 544 n.1 (1986) (that appeal is not final until time for certiorari was passed)