Whether the Magistrate Judge for the U.S. Eastern District Court of Louisiana erred when he issued a Report and Recommendation recommending that the petitioner's petition be dismissed without prejudice for failure to exhaust state court remedies

QUESTION(S) PRESENTED 1.) Whether the Magistrate Judge for the U.S. Eastern District Court of Louisiana erred when he issued a Report and Recommendation recommending that the petitioner’s petition be dismissed without prejudice for failure to exhaust state court remedies. 2.) Whether the U.S. Fifth Circuit Court of Appeals erred when denying petitioner’s COA with the reasoning of it being a Mixed Petition. 3.) Whether the principles of comity and finality that inform the concepts of cause and prejudice must yield to the imperative of correcting a fundamentally unjust incarceration. 4.) Whether the continued incarceration of the petitioner would be a violation of his Rights to Due Process of Law from the errors committed. _