Whether the Ninth Federal Circuit Court of Appeals correctly denied Petitioner's Motion for Certificate of Appealability

QUESTIONS PRESENTED : 1. Whether the Ninth Federal Circuit Court of Appeals correctly denied Petitioner’s Motion for Certificate of Appealability (hereinafter, “COA”). A Certificate of Appealability was a prerequisite to Petitioner submitting a formal appeal of the District Court’s summary denial of relief on the claims asserted in Petitioner’s 28 U.S.C. § 2254 habeas corpus petition. | The District Court issued a 3-page final Order (Doc.25), adopting the April 23, 2018 8-page Magistrate’s Report and Recommendation (Doc.19) (see Doc.25, at Page 3, Lines 13-14) and denied Petitioner’s request for a COA (see Doc.25, at Page 3, Lines 18-19). Upon application to the Ninth Circuit, the Ninth Circuit summarily denied Petitioner a COA (Dkt.8) on February 28, 2019 (“The request for a certificate of appealability (Docket Entry No. 7) is denied because appellant has not shown that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling’” (see Dkt.8). Importantly, there is an underlying question of whether the miscarriage of justice exception to an untimely habeas corpus petition should be subject to a limited expansion to include sentencing such as occurred in this case. -i