WHETHER THE APPEALS COURT ABUSED ITS DISCRETION BY DIS
MISSING PETITIONER'S "NOTICE OF APPEAL" FROM THE DENIAL OF A
MOTION TO VACATE, FILED PURSUANT TO 28 U.S.C. § 2255, AS TO
UNTIMELINESS?

WHETHER THE APPEALS COURT ABUSED ITS DISCRETION BY
REFUSING TO ENTERTAIN JURISDICTION TO REVIEW THE DENIAL OF
A 28 U.S.C. § 2255 "MOTION TO VACATE", BASED ON AN UNTIMELY
FILING OF A NOTICE OF APPEAL, WHEN THE DISTRICT COURT HAD
RULED THAT THE NOTICE OF APPEAL WAS TIMELY FILED IN ACCORD
ANCE WITH RULE 4(a)(6), OF THE FEDERAL RULES OF APPELLATE
PROCEDURE?

CAN THE COURT OF APPEALS GRANT MOTIONS FOUR MONTHS LATER
THE SAME COURT DENIED AND DISMISSED THE SAME MOTIONS?

Whether the appeals court abused its discretion by dismissing petitioner's notice of appeal from the denial of a motion to vacate, filed pursuant to 28 U.S.C. § 2255, as to untimeliness?