Certificate of Appealability; Time to Appeal

Rules Governing Section 2255 Proceedings for the U.S. District Courts

Rule: 11

Jurisdiction: US

Bluebook Citation: § 2255 R. 11

(a) Certificate of Appealability. The district court must is- sue or deny a certificate of appealability when it enters a final or- der adverse to the applicant. Before entering the final order, the court may direct the parties to submit arguments on whether a cer- tificate should issue. If the court issues a certificate, the court must state the specific issue or issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2). If the court denies a certificate, a party may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22. A mo- tion to reconsider a denial does not extend the time to appeal. (b) Time to Appeal. Federal Rule of Appellate Procedure 4(a) governs the time to appeal an order entered under these rules. A timely notice of appeal must be filed even if the district court issues a certificate of appealability. These rules do not extend the time to appeal the original judgment of conviction.

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.