Whether the U.S. District and Appellate Courts violated Castro v. United States, 124 S.Ct., by refusing to issue a Certificate of Appealability

QUESTIONS PRESENTED : (1) WHETHER OR NOT THE U.S. DISTRICT AND APPELLATE COURTS VIOLATED CASTRO V. UNITED STATES, 124 S.CT., BY : REFUSING TO ISSUE A CERTIFICATE OF APPEALABILITY ON THE QUESTION OF WHETHER APPELLANT'S 28 U.S.C. §2255 MOTION WAS HIS FIRST OR SECOND? (2) WHETHER OR NOT THE U.S. DISTRICT AND APPELLATE COURTS VIOLATED CASTRO V. UNITED STATES, 124 S.CT., BY FAILING TO GIVE NOTICE AND WARNING TO APPELLANT BEFORE : RE-CHARACTERIZING HIS 28 U.S.C. MOTION AS SECOND AND SUCCESSIVE? : (3) WHETHER OR NOT THE U.S. DISTRICT AND APPELLATE COURTS VIOLATED PANETTI V. QUARTERMAN, 127 S.CT., BY LABELING . APPELLANT'S 28 U.S.C. MOTION AS SECOND AND SUCCESSIVE WHEN HIS CLAIM DID NOT EXIST AT THE TIME HE FILED HIS FIRST OR PREVIOUS §2255? (4) WHETHER OR NOT UNITED STATES V. MATHIS, 136 S.CT., APPLIES RETROACTIVELY ON COLLATERAL REVIEW? : ary