Stephen D. Herto v. John T. Murphy, Warden

A District Court failed to adjudicate a single claim from the petitioner in its final order dismissing his petilion under 28 U.S.C. § 2254. The petitioner filed a Motion to Amend Judgement and Findings under Fed. R. Civ. P. Rule 59(e). The District Court for the first time adjudicated the claim in response in a footnote, denying the motion, and denying a certificate of appealability. The District Court committed a fallacious error in its response forsaking all evidence before it and denying a certificate of appealability(COA). Can the district court deny a merit claim based on an entirely fabricated basis, that is contrary to the record and not argued by either party? Can a certificate of appealability be denied under 28 U.S.C. § 2253(c)(2) by the District Court without evidence in the record to support its stated reasons for meritorious denial and the only evidence in the record supporting the petitioners claim? Can the US Court of Appeals confirm such a denial of a certificate of appealability?