QUESTION #1). Did the Fifth Circuit Court of Appeals err in denying
Petitioner a Certificate of Appealibility where the record holds a
clear showing that a constitutional error concerning the 6th Amend
ment of theaUnited States Constitution exists and was found so by
the Trial Court on Habeas but decided in error that prejudice did
not exist? Because this is a procedural bar [Itime bar] situation,
Petitioner was only required to show ah least that reasonable jurists
could debate whether the petition contains a valid constitutional
vitiation and whether the same reasonable jurist could debate the
correctness of the District Court's procedural ruling. The* only issue
left to decided f-or:a jurist of reason concerning the valid constit
utional violation, because the trial court found the trial attorney
ineffective already, is the question as to prejudice.g

QUESTION #2). Is it fundamentally fair to fail to extend the time
to file a FRAP 35 and 40 Rehearing and Rehearing En Banc Motion when
he only received the Fifth Circuits denial Order on the date of
the expiration of the time to file said motions?

Did the Fifth Circuit Court of Appeals err in denying Petitioner a Certificate of Appealability