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

QUESTIONS PRESENTED Whether the Ninth Federal Circuit Court of Appeals improperly denied Petitioner’s Motion for Issuance of 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 United States District Court for the District of Arizona issued a 4-page final Order (Doc.28), adopting the August 5, 2019 9-page Magistrate’s Report and Recommendation (Doc.17) (see Doe.28, at page 4, line 15) and denying Petitioner’s request for a COA (see Doc.28, at page 4, lines 17-19). Upon application to the Ninth Federal Circuit Court of Appeals, the Ninth Circuit issued a 1-page Order summarily denying Petitioner a COA (Dkt.5) on July 13, 2020 (“The request for a certificate of appealability (Docket Entry No. 4) 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.5, at page 1, 4 1. Importantly, there is an underlying question of whether the miscarriage of justice exception to an untimely habeas corpus petition should be subject to an interpretation applying to conviction and sentencing such as occurred in this case. -i