Whether a state of appellants' responsibility should issue where the district court failed to adequately review of the portions of the Report and Recommendation that to unheard Bauer's objected," named Distrinct Withdams Cbr. v. UDEL.M, 534 f.3d 1023L (4th Cir. 2004) and whether jurists of reason — correct analysis of Bauer's cites to this fourth case law — would find the district courts ruling in the constitutional error, detectable, Miller-El v. Dretke, 545 U.S. 333-40 (2005) or whether Court could conclude the issues presented are adequate to deserve encouragement to proceed further. 53 b U.S. v at 33f.

Whether a Certificate of Appealability should issue because there has at least once a "Substantial showing of the denial of a constitutional right."

Whether a Certificate of Appealability should issue where the district court failed to conduct de novo review of the portions of the Report and Recommendation to which Bauer objected