Whether the court of appeals erred and abused its discretion in refusing and/or declining to issue a certificate of appealability

QUESTION(S) PRESENTED oo. . QUESTION No. 1 WHETHER THE COURT OF APPEALS ERRED AND ABUSED. ITS DISCRETION IN REFUSING AND/OR DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY UPON THE CONTENTION THAT THE PETITIONER FAILED TO MAKE THE : REQUIRED SHOWING WHEN THE PETITIONER RAISED A FACIAL VALID CLAIM AND SHOWING OF THE DENIAL OF A CONSTITUTIONA RIGHT IN ARGUING THAT HE WAS DEPRIVED OF HIS RIGHTS TO REASONABLE ASSISTANCE OF COUNSEL UNDER THE 6TH AMENDMENT TO THE UNITED STATES CONSTITUTION : AND REASONABLE JURIST WOULD FIND THE DISTRICT COURT"S ASSESSMENT : OF THE CONSTITUTIONAL CLAIM DEBATABLE OR WRONG WHEN THE DISTRICT COURT: (A) accorded difference and the presumption of correctness to the Findings of Fact and Conclusions of Law of the State habeas court that was explicitly rejected by the State's highest courts (B) held that the claim was adjudicated on the merits when under State law the claim remained pending in the State habeas court absent the issuance of mandate; ; (€) assessed the claim under the provisions of Title 28 U.S.C.i Section 2254(d)(1) and (2) when the claim had not been adjudicated upon the merits in the State habeas court. a QUESTION No. 2 WHETHER THE PETITIONER HAS A STATUTORY RIGHT TO SEEK THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY FROM A JUSTICE OF THE UNITED STATES SUPREME COURT AND THE CLERK OF THE UNITED STATES SUPREME COURT SUBVERTED AND IMPEDED THIS RIGHT BY MANDATING THE FILING OF THE INSTANT PETITION FOR A WRIT OF CERTIORARI? : . i