Does a writ of habeas corpus have an absolute entitlement to appeal a district court's denial of the petition?
MultiRegion, United States of America
The following excerpt is from Diaz v. Biter, Case No.: 1:14-cv-01673-JLT (E.D. Cal. 2015):
writ of habeas corpus has no absolute entitlement to appeal a district court's denial of his petition, and an appeal is only allowed in certain circumstances. Miller-El v. Cockrell, 537 U.S. 322, 335-336 (2003). The controlling statute in determining whether to issue a certificate of appealability is 28 U.S.C. 2253, which provides as follows:
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