The Judge says that if Gilbert is standing on that complaint, it will be stricken out.
So his choice is to essentially ask the court for grace, forget any appeal, and hope his seconded amended complaint can hold muster and that he hasn't miffed the judge too much to get a consideration before it too is thrown out.
Gilbert essentially asked for an appeal which would remove the current court's jurisdiction whilst at the same time asking the court to consider the amended amended complaint.
Something one might expect from a lay person with no legal training or as referred to by the judge "unrepresented prisoners".
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