Did the Court of appeals err in denying a certificate of appealability by merging Title 28 U.S.C. §§ 2254 (d)(1) and (2) with 28 U.S.C. § 2253 (c) and by ruling on the merits of the claims without Jurisdiction, and did the district Court abuse its discretion in denying an evidentiary hearing when a Petitioner raises actual innocence?

(1) Did the Court of appeals err in denying a certificate of appealability by merging Title 28 U.S.C. §§ 2254 (d)(1) and (2) with 28 U.S.C. § 2253 (c) and by ruling on the merits of the claims without Jurisdiction at this stage and does the Pro Se form used by the Court of appeals encourage a ruling on the merits by combing a request for a certificate of appealability and opening brief? (2) Did the district Court abuse its discretion in denying an evidentiary hearing and not holding a hearing when a Petitioner raises actual innocence and the state Courts do not hold a hearing to review and hear the evidence to prove innocence?