With no explanation, chose the best option from "A", "B", "C" or "D". sua sponte. See Dubay, 506 F.3d at 433 (“While we find Dubay’s challenge to the Michigan Paternity Act to lack support in our equal protection jurisprudence, we do not consider his appeal of the district court’s decision to be frivolous or worthy of imposing sanctions.”). But we are also cognizant of the fact that this is Killian’s third interlocutory appeal from the denial of a motion for summary judgment in which he has sought qualified immunity. We further note that this case has been pending since 2003. The ability of defendants to bring interlocutory appeals from denials of qualified immunity raises the concern that they might bring such motions solely in order to delay the proceedings against them. See Behrens v. Pelletier, 516 U.S. 299, 310, 116 S.Ct. 834, 133 L.Ed.2d 773 (1996) (<HOLDING>). With our decision here, the law of the case

A: recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted
B: holding that if and when abuse does occur  it is well within the supervisory powers of the courts of appeals to establish summary procedures and calendars to weed out frivolous claims brackets and internal quotation marks omitted
C: holding that the electronic submission of information across state lines qualifies as in or affecting interstate commerce internal quotation marks and brackets omitted
D: recognizing probable cause as complete defense to a claim of malicious prosecution in new york internal quotation marks and brackets omitted
B.