Michael J. Gaddy v. C. Pfeiffer, et al.

WHETHER THE NINTH CIRCUIT ERRED IN APPLYING CLAIM PRECLUSION TO BAR PETITIONER'S FIRST AMENDMENT FREEDOM OF EXPRESSION CLAIM WHEN THE ALLEGED CONSTITUTIONAL VIOLATION DID NOT EXIST AND COULD NOT HAVE BEEN RAISED AT THHETIME OF EARLIER LAWSUIT?

WHETHER THE DENIAL OF A PAROLE CONSULTATION HEARING,WHICH DEPRIVED PETITIONER OF THE OPPORTUNITY TO BE HEARS AND RESPOND TO EVIDENCE CONCERNING PAROLE SUITABILITY,VIOLATEDNHIS RIGHTS UNDER THE FIRST AND FOURTEENTH AMENDMENT TO THE U.S. CONSTITUTION? 3.WHETHER THE NINTH CIRCUIT'S RULING DIRECTLY CONFLICTS WITH ITS OWN PRECEDENTS THOSE OF THE SUPREME COURT JREGARDINGEEXCEPTIONf TO CLAIM PRECLUSION,INCLUDING THOSE FOUND IN THE RESTATEMENT(SECOND) OF JUDGMENT ^e(l)(c)? 9?