Whether a Petitioner who is serving a life sentence without the possibility of parole is denied due process

QUESTION PRESENTED Whether a Petitioner who is serving a life sentence without the possibility of parole is denied due process where a single judge of the Court of Appeals denied a COA based on a failure to make a substantial showing of a denial of a constitutional right. Notwithstanding that a Federal District Court judge disagreed with the magistrate judge report and recommendation and found the Petitioner's Constitutional claim of Ineffective Assistance of Counsel to have merits.