Did the United States Court of Appeals for the Eleventh Circuit err when applying the two prong Slack v. McDaniel test (procedure and merits) in determining the grant or denial of a certificate of appealability when the procedural aspects of petitioner's 28 U.S.C. § 2254 petition were never in issue; thereby, denying petitioner due process of law?

QUESTION PRESENTED DID THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ERR WHEN APPLYING THE TWO PRONG SLACK V. MCDANIEL, TEST (PROCEDURE AND MERITS) IN DETERMINING THE GRANT OR DENIAL OF A CERTIFICATE OF APPEALABILITY WHEN THE PROCEDURAL ASPECTS OF PETITIONER’S 28 U.S.C. § 2254 PETITION WERE NEVER IN ISSUE; THEREBY, DENYING PETITIONER DUE PROCESS OF LAW? Petition for Writ of Certiorari to The US Court of Appeal, 11 Cir. Page i a Page No.