What is the test for a certificate of appeal in a habeas case?

Having determined that petitioner is not entitled to habeas relief, the court now turns to whether a certificate of appealability should issue. The federal rules governing habeas cases brought by state prisoners require a district court issuing an order denying a habeas petition to either grant or deny therein a certificate of appealability. See Rules Governing 2254 Case, Rule 11(a). A prisoner seeking a writ of habeas corpus has no absolute entitlement to appeal, rather an appeal is only allowed in certain circumstances. Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003); see also 28 U.S.C. 2253(c)(1)(A) (permitting habeas appeals from state prisoners only with a certificate of appealability). A judge shall grant a certificate of appealability only if the applicant has made a substantial showing of the denial of a constitutional right, 28 U.S.C. 2253(c)(2), and the certificate must indicate which issues satisfy this standard, 28 U.S.C. 2253(c)(3). In the present case, the court finds that reasonable jurists would not find the court's rejection of petitioner's claims to be debatable or conclude that the petition should proceed further. Moreover, it appears petitioner has been released from custody and that any alleged errors may have been rendered moot. Thus, the court declines to issue a certificate of appealability.

Accordingly: