What is the standard for granting a certificate of probable cause in a motion for summary dismissal?
MultiRegion, United States of America
The following excerpt is from Dory v. Commissioner of Correction of State of New York, 865 F.2d 44 (2nd Cir. 1989):
The standard for granting a certificate of probable cause is the mirror image of these rules for summary dismissal. The district court should issue the certificate if the petition is "not frivolous" and it presents some question deserving appellate review. Alexander v. Harris, 595 F.2d 87, 91 (2d Cir.1979) (per curiam).
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