In re Townsend

1. Whether the United States Court of Appeals for the Fourth Circuit, abused its discretion and/or exceeded its authority, when it denied Petitioner's application for authorization to file a successive 28 U.S.C. § 2254 petition, where Petitioner made a prima facie showing that his claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable? 2. Whether the United States Court of Appeals for the Fourth Circuit, abused its discretion and/or exceeded its authority, when it denied Petitioner's application for authorization to file a successive 28 U.S.C. § 2254 petition, where Petitioner made a prima facie showing that the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense?