1. Does the Fifth Circuit's erroneous denial of petitioner's certificate of appealability significantly depart from the accepted and usual course of judicial proceedings undermining Miller-El v. Cockrell, 537 U.S. 322 (2003). And, is the Court of Appeals complaint that petitioner's Rule 59(e) notice of appeal ineffective erroneous.

2. Is 28 U.S.C. §2241 available by a state prisoner to challenge the manner in which a sentence is executed without the restrictions of the AEDPA. This issue has not been decided by this Court.

Whether the Fifth Circuit erroneous denied petitioner's certificate of appealability in violation of Miller-El v. Cockrell standards and whether 28 U.S.C. §2241 is available to state prisoners to challenge execution procedures without AEDPA restrictions