The following excerpt is from Harris v. Kernan, Case No.: 3:15-cv-001794-GPC-PCL (S.D. Cal. 2017):
A petitioner complaining of detention arising from state court proceedings must obtain a certificate of appealability to file an appeal of the final order in a federal habeas proceeding. 28 U.S.C. 2253(c)(1)(A). The district court may issue a certificate of appealability if the petitioner "has made a substantial showing of the denial of a constitutional right." Id. at (c)(2). To make a "substantial showing," the petitioner must "demonstrat[e] that reasonable jurists would find the district court's assessment of the constitutional claims debatable." Beaty v. Stewart, 303 F.3d 975, 984 (9th Cir. 2002)
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