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Federal Habeas – Procedure — Appellate — Certificate of Appealability: Necessity

Rufus West v. Schneiter, 485 F. 3d 393 (7th Cir. 5/4/07)

Issue/Holding: “we now join the other circuits that have considered this issue and hold that §2253(c)(1) requires a certificate of appealability for any appeal in a proceeding under §2255 or where ‘the detention complained of arises out of process issued by a State court.’”

The court acknowledges that “(a) notice of appeal acts as a request for a certificate whether or not the prisoner files a separate application,” but stresses: “a petitioner who relies on his notice of appeal is hard put to meet the statutory standard, for … (a) notice of appeal does not give reasons, and a silent document rarely constitutes a ‘substantial showing’ of anything.”

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