Did the federal district court err in dismissing the habeas petition without considering the petitioner's motion to amend

QUESTIONS PRESENTED , After initially filing his pro se Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254 on September 21, 2018 his case was assigned to the Honorable Keith P. Ellison, Judge of the United States District Court for the Southern District of Texas, Houston Division.! Petitioner, a layman of the law, presented a timely motion to amend his federal writ petition pursuant to Rule 15, Fed. R. Civ. Proc. On June 19, 2019, the district court below then granted summary judgment to the Respondent the next day on June 20, 2019, without ever stating the court was denying his motion to amend or the fact it was even filed and the reason his motion to amend was ignored in the court’s memorandum opinion denying his federal petition for writ of habeas corpus.? Petitioner avers and asks this Court to determine if the federal district court below erred by failing to consider or rule on his Motion to Leave to Amend his Federal Petition for Writ of Habeas Corpus pursuant to Rule 15 (a)(2) of the federal rules of civil procedure The Court of Appeals for the Fifth Circuit then refused a Certificate of Appealability, foreclosing appellate review of both the merits of Petitioner’s claims and the district court’s denial of his Federal petition seeking habeas corpus relief. 1 Olen Ware, II v. Lorie Davis, Director, TDCJ-CID, Civil Case No H-13-3398. 2 Olen Ware, II v. Lorie Davis, Director, TDCJ-CID, Civil Case No H-13-3398. ii The following questions are presented. 1. Did the Fifth Circuit err in finding that jurists of reason could not have found it debatable that the district court erred by dismissing Petitioner’s Petition for A Writ Of Habeas Corpus By A_ Person In State Custody Pursuant to 28 U.S.C. §§ 2241, 2254, with prejudice without it considering Petitioner’s timely Motion to Amend His Petition pursuant to Rule 15, F.R.C.P ? 2. Did the Fifth Circuit err by not finding jurists of reason could not have found it debatable that the district court erred by upholding the Texas ; Court of Criminal Appeals decision that trial counsel was not ineffective? 3. Did the Fifth Circuit err by finding jurists of reason could not find it debatable that the district court erred by upholding the state intermediate court of appeals decision to affirm Petitioner’s judgment and sentence with a finding that appellate counsel was not ineffective? 4, Did the Fifth Circuit err by finding jurists of reason could have not found it debatable that the district court erred by holding the Texas Court of Criminal Appeals decision that the trial court did not abuse its discretion by denying Petitioner’s motion to suppress, denying his motion for a mistrial, overruling Petitioner’s objections thereto, and allowing the admission of unauthenticated crime scene photos. iii