Is Court of Appeals lack Appellate Jurisdiction to proceed in appeal case 21-3542 by CO A on some claim because district court Orders (Ecf. 156,194) lack finality due to district court failure to adjudicate all claims in First Petition (Doc.35) and all claims in statecourt record judiciable under Fed. R. Civ. P. 15(b)(2) as cited in unopposed (Ecf 177 filed 12/22/20), PageID#l 1012-110113) at para 3 and 30 and explicitly listed again in ECF.Doc.196. filed on June 03.2021 titled. "Amended Notice of Appeal and Motion Seeking Remand due to lack of Finality " filed in Appeal case 20-4153, wrongly dismissed by court, must be reinstated, and mischiefs of misconstruction be prevented by writ of Certiorari per, Collins v. Miller. 252 U.S. 364, 365.370(1920) : Porter v. Zook. 803 F.3d 694. 695. 697. 699 (4th Cir, 20151 and FHCPP, § 35.1. Final orders.,n.l3.

Did Court of appeals erroneously deny Petitioner 's Unopposed Fed. R. App. P. 42(b(2 ) Motions for Voluntary Dismissal of unauthorized-Second appeal case 21-3542 that Court of Appeals must Reinstate appeal case 21-4153 (Ecf. 164,1 96')filed on June 03.2021 titled. "Amended Notice of Appeal and Motion Seeking Remand due to lack of Finality " to adjudicate all claims before single appeal from final Orders.

Is exclusive right "NOT TO TAKE the Second, Duplicate APPEAL" in case 21-3542, from non-final Orders. tEcf. 156.1941. cannot be over-ridden by counsels and by Appeal Court by Court erroneously dismissing First iurisdictionallv sound appeal case 20-4153 (Ecf. 164,196) seeking Remand Back to adjudicate all habeas claims in Petition(Ecf.35) and in state court record judiciable under Fed. R. Civ. P. 15(b)(2) when "unopposed Fed. R. App. P. 42fbf2f Motion s for Voluntary dismissal of unauthorized, second, duplicate case 21-3542 " was sought but erroneously denied, in lack of jurisdiction, to avoid Remand back to district court whose Opinion failed to specifically rule upon all claims in Petition (DOC.35), in ROW (Doc.6 l),Traverse(Doc. 71), R&R (Doc.88), Timely Objections (DOC. 105 and Supplemental Objections(Doc. 147) and (Doc.190) and those claims judiciable under Fed. R. Civ. P. 15(b)(2).

Can Court of Appeals avoid its foremost duty to determine first the "lack of finality of appealed judgment " (Ecf.156,194), explicitly listed in ECF.Doc.196. filed on June 03,2021 titled. "Amended Notice of Appeal and Motion Seeking Remand due to lack of Finality ",

Whether the Court of Appeals lacks appellate jurisdiction to proceed in appeal case 21-3542 due to district court orders lacking finality and failure to adjudicate all claims