Did the Fifth Circuit Court of Appeal err in allowing the Western District Court to deny his 28 U.S.C. Sec. 2254 petition as being improperly filed?

QUESTION PRESENTED FOR REVIEW Mr. Winzer alleges that he was properly before the 5“ Circuit Court of Appeal with his Application for a Certificate of Appealability, thus denying review of his 14" amendment claim of actual innocence. QUESTION 1. : Did the Fifth Circuit Court of Appeal err in allowing the Western District Court to deny his 28U.8.C. Sec. 2254 petition as being mproperly filed? QUESTION 2. Did the Fifth Circuit Court of Appeal err in allowing the Western District Court to deny his 28 U.S.C. Sec. 2254 petition as being improperly filed without considering the compelling evidence of Mr. Winzer’s innocence? i