What is the test for appealability of a final order in a habeas proceeding?
MultiRegion, United States of America
The following excerpt is from Villa v. Beard, Case No. 1:12-cv-01585-AWI-SKO-HC (E.D. Cal. 2015):
from the final order in a habeas proceeding in which the detention complained of arises out of process issued by a state court. 28 U.S.C. 2253(c)(1)(A); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). A district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant. Habeas Rule 11(a).
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