1. WHETHER THE HIGH COURT'S HOLDING IN GONZALEZ VS. CROSBY, 545 U.S. 524,528,125 S.Ct. 2641,162 L.Ed.2d 480 (2005) CONTROLS AND IS MANDATED TO BE FOLLOWED BY RESPONDENTS?

2. WHETHER A 60(b) MOTION FOR RELIEF OF JUDGMENT IS THE PROPER VEHICLE TO SEEK RELIEF FROM JUDGMENT,RE-OPEN CASE AND REINSTATE APPELLATE JURISDICTION?

3. WHETHER RESPONDENTS' FAILURE TO EVEN ENTERTAIN AND/OR ADJUDICATE THE 60(b) MOTION CONFLICT WITH ITS OWN PRIOR RULINGS AND NOT IN HARMONY WITH INTERPRETATIONS FROM UNITED STATES SUPREME COURT PRECEDENT?

4. WHETHER ISSUANCE OF A WRIT OF MANDAMUS THE ONLY REMEDY AVAILABLE TO CORRECT THIS ABUSE OF DISCRETION THAT RE SULTED IN A MISCARRIAGE OF JUSTICE?

5. WHETHER PETITIONER'S ACCESS TO THE COURTS WAS IMPEDED?

Whether the Supreme Court's holding in Gonzalez v. Crosby controls and must be followed by respondents