Did the Third Circuit Court of Appeals err in failing to grant the certificate of appealability

QUESTIONS PRESENTED. ; , After Petitioner filed his application and memorandum of law pursuant to 28 U.S.C. §2254, and .; without ordering a response from the State, the District Court sua sponte raised a procedural default defense to Petitioner's grounds for relief. : : Did the Third Circuit Court of Appeals err in failing to grant the certificate of appealability where the District Court dismissed Petitioner's habeas application after failing to give | Petitioner fair notice of the defense before dismissal? Petitioner filed appeal from the denial of his first petition for post-conviction relief (PCRA). The PCRA Court informed the appellate court that it did not receive Petitioner's Concise Statement or Error in | Petitioner's first PCRA appeal. The appellate court found waiver of all Petitioner's issues. On federal | ‘habeas, the District Court and Third Circuit Court of Appeals followed suit, finding no cause and prejudice for procedural default of petitioner's PCRA petition and appeal. , Did the Third Circuit Court of Appeals, and the District Court, err in finding that Petitioner had not demonstrated cause and prejudice to excuse procedural default where Petitioner : _ provided evidence that he had done all that he could do as an incarcerated individual to ; comply with the rules of procedure in his first PCRA appeal and where the waiver was no | fault of his own? , : Petitioner further filed appeal from his second PCRA petition. The PCRA Court found the issues ; to be untimely, failing to meet any of the excpetions to the statutory limitations. The state appellate court found waiver for failure to meet the timeliness exceptions. On federal habeas, the a District Court and Third Circuit Court of Appeals found no cause and prejudice for excusing the procedural default. | | . Did the Third Circuit Court of Appeals and the District Court err in finding that Petitioner had not demonstrated cause -and prejudice to excuse procedural default . caused by (1) ineffective assistance of PCRA counsel for failure to raise and/or litigate the underlying issues in his first PCRA petition; and (2) newly discovered facts that met the timeliness requirements of the PCRA statute? , | . : | ~ . | . : ,