Whether the Sixth Circuit Court of Appeals erred in not issuing a Certificate of Appealability when the Petitioner met the requirements under 28 U.S.C. § 2253(c)(2), Miller-El v. Cockrell, Slack v. McDaniel, and Bracy v. Gramley

QUESTIONS PRESENTED QUESTION ONE oo ; The Sixth Circuit Court of Appeals erred when it did not issue a Certificate of Appealability as the Petitioner met the requirement under 28 U.S.C. § 2253(c)(2), Miller_ El v Cockrell 537 US 322 (2003), Slack v McDaniel 529 US 473 (2000), and Bracy v Gramley 520 US 899 (1997). . . QUESTION TWO ; ; Does Kaufman v United States. 394 US 217 (1969) and Barker v Wingo 407 US 514 (1972) control the petitioner's Sixth : ; Amendment speedy trial claim under § 2255, when raised in @ pretrial motion, but not on direct appeal. If no, can . the Appeals Court consider sua sponte the speedy trial claim procedurally defaulted, when the Government waived ~ . . the specific defense of procedural default for failure to raise the claim on direct appeal. : QUESTION THREE : , The Petitioner's Section 2255 remedy by motion and : proceedings rendered inadequate and ineffective when denied the fair administration of justice, due to ‘ . judicial misconduct, which violated due process. ; . : : ii . es : .