Is a federal prisoner required to obtain a certificate of appealability to appeal the denial of a petition pursuant to Section 2241 of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from Stratmon v. Rios, 1:10-cv-00127 MJS HC (E.D. Cal. 2013):

"The plain language of [28 U.S.C.] 2253(c)(1) does not require a petitioner to obtain a [certificate of appealability] in order to appeal the denial of a 2241 petition." Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008). "Nor is there any other statutory basis for imposing a [certificate of appealability] requirement on legitimate 2241 petitions. Although state prisoners proceeding under 2241 must obtain a [certificate of appealability], see 2253(c)(1)(A), there is no parallel requirement for federal prisoners." Id.

Other Questions


What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
Can a federal prisoner challenge the manner, location or conditions of a sentence's execution by filing a petition pursuant to Section 2241 of the Criminal Code? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
Is a prisoner entitled to a claim for medical malpractice under section 1983 of the Criminal Code because of a difference in opinion between prison medical staff and prisoner medical staff? (MultiRegion, United States of America)
Does section 1292(a)(1) of the Criminal Code apply to an appeal from denial of an injunction to enjoin a criminal investigation? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)
Does Section 2254(e)(2) of the Criminal Code require additional evidence under section 2254 of the Civil Code to support a claim of sexual assault? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.