Joseph Raymond McCoy v. Angel Gonzales, et al.
DueProcess
1. Whdb statutory time period is computed from a particular day sr^v&ntf First day is excluded and the last day included. Does this apply also to the United States Judicial Department?
2. When Court-Ordered Deadline is signed, dated, filed the-day-after the original Court Ordered Deadline has already expired, is the order invalid?
3. When is the Constitutional violations asserted in Petitioner's (appellant's Informal Opening Brief) to the United States Court Of appeals for the Ninth Circuit, accompanied by reference to documentary evidence cited, in support thereof, so insubstantial as net to afford First and Fourteenth Auiensdment Constitutional protections.. guaranteed right to access the courts, to petition. government for redress of grievances, and guaranteed right to be heard, at a meaningful time and in a meaningful manner?
4. When a party admits to being personally involved in the deprivations alleged in a complaint, is the party injured entitled to a remedy?
5. If so, then what is that remedy?
6. When a prisoner, inmate or person confined, hands over to confining authority pleadings, proceedings, and other documents (Exhibits), to be deposited into the United States mail, addressed to the Clerk of the Court, are such documents deemed "filed"?
7. When confining authority fails to serve and file opposition or a statement of no opposition to the granting of relief sought by movant, alleging Bounds Verses Smith violations . by confining authority, mandated by local court rules, subject to imposition of sanctions, including waiver of any opposition to the granting of the relief sought, is it within the Court's power, authority, or discretion not to conduct inquiry prior to entry of judgment or ruling thereon?
8. When magistrate judge's order directing judgment on the pleadings, or for summary judgment is clearly contrary to U.S. Congress' legislative intent upon its enactment of Title 28 Section 636(b)(1)(A) of the United States Code, Jurisdiction, Powers and Temporary Assignment. What is the remedy?
9. Whenever a party in any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge proceed no further therein, but another judge shall be assigned to hear such proceeding. If and or when the district court fails or refuses to comply with U.S. Congress' legislative intent upon its enactment of Title 28 Section 144 of the United States Code, mandate. What is the remedy?
10. Congress" legislative intent upon its enactment of Title 28 Section 1291. Final Decisions of District Courts, Jurisdiction -. shall have and Venue, mandating, the courts of appeals jurisdiction of appeals from all decisions of the district courts of the United States, is it clear, Congress ' legislative intent upon enactment of §1291. Final Decisions of the district courts of the United States, intends "all final decisions" to mean, the process by which "all final decisions" is reached, and not the decision itself, otherwise, the reference to "all final decisions " would be mere surpluasage, entirely without meaning?
11. When the United States Court of Appeals for the Ninth Circuit construed Petitioner's (Petition For Panel Rehearing) a (Motion For Reconsideration), was this contrary to this Court's holdings in Marbury Verses Madison (cited) therein?
12. When the United States District Court for the Eastern District of California
Whether a district court's failure to comply with legislative intent under Title 28 Sections 636(b)(1)(A), 144, and 1291 constitutes grounds for judicial review or remedial action