In Re Jordan Monroe

QUESTION (1) Where a Court Of Appeals fails or refuses to comply with BLACK LETTER LAW--28 U.S.C. §2253—which is a statute that was duly enacted by Congres, and Stare Decisis of the United States Supreme Court’s holding--"Until a C.O.A. has been issued federal courts of appeals LACK jurisdiction to rule on the merits of appeals from habeas Petitioner's."--Does that Court of Appeals abuse its discretion in issuing a decision based on the merits of a C.O.A. Application and can the Petitioner seek the protection of this Supreme Court in its supervisory capacity from arbitrary, capricious and unlawful actions of the Appeals Court where the Petitioner has NO other remedy of law, and no other means of protection or redress in any other Court, where the Petitioner can show the deprivation of a Constitutional Right by and/or in the lower Court(s)? QUESTION (2) When a federal Magistrate Judge has failed to or opted not to, comply with BLACK LETTER LAW, that was duly enacted by Congress, the Fourth Amendment of the United States Constitution s, Particularity Clause, as well as Stare Decisis of the United States Supreme Court, and Law Of The Circuit doctrine, does that userpation of positive law's control on the authority and subject-matter jurisdiction: a) Render the Federal Magistrate Judge's actions ultra vires? b) Rise to the level of abuse of discretion by the Federal Magistrate Judge?