THIS COURT HAS LONG RECOGNIZED THAT IN A NARROW CLASS OF CASES IMPLICATING A FUNDAMENTAL MISCARRIAGE OF JUSTICE," (SCHLUP V. DELO, 513 U.S. 298, 314-15, 115 S.CT. 851, 130 L.ED. 2d 808 (1995), QUOTING (McCLESKEY V. ZANT, 499 U.S. 467, 494, 111 S.CT. 1454, 113 L.ED. 2d 517 (1991), THAT FEDERAL COURTS MAY HERE THE MERITS OF A HABEAS PETITION DESPITE AN OTHERWISE APPLICABLE PROCEDURAL BAR. THE DISTRICT COURT DISMISSED PETITIONER'S FEDERAL HABEAS PETITION PURSUANT TO 28 U.S.C. SECTION 2244(d), BECAUSE IT WAS FILED WELL OVER A YEAR AFTER HIS MARCH 29, 1991, STATE COURT CONVICTION, AND MORE THAN TEN-YEARS LATER, ON APRIL 19, 2001, PETITIONER WAS EXONERATED BY THE STATE OF THE RAPE IN CONCERT CONVICTIONS OBTAINED BY DNA-EVIDENCE, WHICH HAD EXCLUDED HIM AS THE ACTUAL RAPIST FOR HIM TO NOW DEMONSTRATE THAT HE IS ACTUALLY INNOCENT OF ANY CRIMINAL WRONGDOING IN ORDER FOR HIM TO OVERCOME HIS PROCEDURAL DEFAULT OF HIS FEDERAL CLAIMS CHALLENGING THE CONSTITUTIONALITY OF HIS MARCH 29, 1991, STATE CONVICTIONS FOR RAPE.

UNDER THESE CIRCUMSTANCES, DID THE NINTH CIRCUIT COURT OF APPEALS CORRECTLY DENY PETITIONER REQUEST FOR A CERTIFICATE OF APPEALABILITY PURSUANT TO THE ANALYSIS THAT " PERKINS " PRESCRIBES, ( McQUIGGIN V. PERKINS, 133 S.CT. 1924, 185 L.ED. 2d 1019 (2013), REGARDING THE CREDIBILITY OF PETITIONER'S NEW RELIABLE EXCULPATORY SCIENTIFIC EVIDENCE, OR CRITICAL PHYSICAL DNA EVIDENCE THAT WAS NOT PRESENTED AT HIS TRIAL, AND AFTER REJECTING THE STATE PROSECUTION'S APRIL 19, 2001, CONCESSIONS THAT PETITIONER SATISFIED THE DEMANDING STANDARD OF PRODUCING PROOF OF DNA SEMEN EXCLUSION SUFFICIENT TO UNDERMINE A COURT'S CONFIDENCE IN HIS MARCH 29, 1991, STATE COURT RAPE CONVICTION?

Whether petitioner's actual innocence claim overcomes the procedural default of his federal habeas claims challenging the constitutionality of his state court convictions