Does a certificate of appealability required for us to exercise jurisdiction in an appeal arising out of a habeas corpus proceeding?
MultiRegion, United States of America
The following excerpt is from Lambright v. Ryan, 698 F.3d 808 (9th Cir. 2012):
2. We note that although this appeal arises out of habeas proceedings at the district court level, no certificate of appealability is required for us to exercise jurisdiction since we are not reviewing the district court's final order[ ] that dispose[s] of the merits of [the] habeas corpus proceeding. Harbison v. Bell, 556 U.S. 180, 183, 129 S.Ct. 1481, 173 L.Ed.2d 347 (2009).
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