What is the test for a certificate of appeal against a denial of a writ of habeas corpus?
MultiRegion, United States of America
The following excerpt is from Shrader v. Gill, Case No. 1:14-cv-01269 MJS (HC) (E.D. Cal. 2014):
A prisoner seeking a 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, 335-36 (2003). The controlling statute in determining whether to issue a certificate of appealability is 28 U.S.C. 2253, which provides as follows:
If a court denies a petition, the court may only issue a certificate of appealability "if
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