NO94-1257

______

IN THE

SUPREME COURT OF THE

UNITED STATES

October Term, 1994

In Re: JAMES CONSTANT,

PETITION FOR EXTRAORDINARY WRIT

TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PETITION FOR EXTRAORDINARY WRIT

James Constant

Pro-per Petitioner

QUESTIONS PRESENTED

1. Whether the Court of Appeals abused its discretion in entering a pre-flhing order, first, on the basis that it made no substantive findings of frivolousness on questions of lack of jurisdiction of the subject matter raised in the contents of petitioner's filings and, second, on the basis that the pre-fihing order is overly broad.

2. Whether the Court of Appeals lacked discretion in entering a pre-filing order, first, on the basis that it had a duty to determine the questions of lack of jurisdiction of the subject matter raised by petitioner and, second, on the basis that a litigant cannot be coerced into accepting counsel rather than proceeding pro-se.

3. Does the pre-filing order violate petitioner's rights of free speech, petition, and due process as guaranteed by the First and Fifth Amendments.

4. Whether this Court should exercise its discretion to issue a writ of prohibition/mandamus to stay the pre-filiing order and to mandate that decisions shall be obtained on questions of jurisdiction raised by the petitioner?

5.Whether this Court should determine the merits of questions of jurisdiction raised by petitioner, or should, instead, remand the cause to the Court of Appeals to determine such issues?

6. Whether the questions of jurisdiction set forth in Part VII A and B infra shall be the ones for decision?

7. Whether the principle of finality of judgements shall be permitted to compromise the principle of validity of judgements.

 

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