The issue(s) presented is based on a claim of actual innocence, supported by newly discovered evidence, the new evidence is not proffered as a "freestanding" claim, but proffered as a "gateway" claim entitling him to a de novo review of the merits of Petitioner's defaulted Constitutional claims, Schlup v. Delo, 513 U.S. 298, 327 (1995).

Whether the petitioner's claim of actual innocence, supported by newly discovered evidence, entitles him to a de novo review of the merits of his defaulted constitutional claims