When will a court grant a certificate of probable cause or a writ of appeal?

The Superintendent argues that the district court erroneously granted a certificate of probable cause. A certificate of probable cause requires a "substantial showing of the denial of a federal right." Barefoot v. Estelle, 463 U.S. 880, 893 (1983). However, this does not require that the individual seeking a writ show that he would prevail on the merits, given that "he has already failed in that endeavor." Id. at 893 n. 4. Instead, he must show that 1) the issues are debatable among reasonable jurists, 2) a court could resolve the issues differently, or 3) that the questions are "adequate to deserve recognition to proceed further." Id. We have found that "if a [district court] judge requires the respondent to answer [rather than summarily dismissing the case], he should normally allow the petitioner to appeal an adverse decision." Dory v. Commissioner of Correction in New York, 865 F.2d 44, 46 (2d Cir.1989). We believe that the district court properly granted a certificate of probable cause.