1. Can a federal district or appeals court deny habeas corpus relief without factual finding on the record, that a states asserted procedural default rule is firmly established and regularly followed?

2. Can this Court exercise it's appellate jurisdiction, when a three judge panel denied permission for filing second habeas petition where applicant shows substantial evidence to satisfy requirement of § 2244 (2) (B) (141) ?

Whether the Eighth Circuit erred in denying the petitioner's application for leave to file a second habeas petition