Can a state prisoner appeal a federal court's denial of his writ of habeas corpus?
MultiRegion, United States of America
The following excerpt is from Wilson v. Spearman, 1:12-cv-01575-MJS HC (E.D. Cal. 2013):
A state 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, 123 S.Ct. 1029, 1039 (2003). The controlling statute in determining whether to issue a certificate of appealability is 28 U.S.C. 2253, which provides as follows:
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