The Fifth Circuit Court of Appeals decision that a certificate of appealability is not warranted is in irreconcilable conflict with this Court's decision in Lozada v. Deeds, 498 U.S. 430 (1991). This is important because it deprives the Petitioner of a direct appeal from the district court.

Whether the Fifth Circuit Court of Appeals erred in denying a certificate of appealability, which deprives the petitioner of a direct appeal from the district court