Whether the Magistrate for the U.S. Eastern District Court of Louisiana erred when they issued a Report and Recommendation recommending that the petitioner's petition be dismissed with prejudice as time barred

QUESTION(S) PRESENTED 1.) Whether the Magistrate for the U.S. Eastern District Court of Louisiana erred when they issued a Report and Recommendation recommending that the petitioner’s petition be dismissed with prejudice as time barred. 2.) Whether the U.S. Fifth Circuit Court of Appeal erred when denying petitioner’s COA with the reasoning of it being a time barred situation. 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.