Rules Governing Section 2254 Cases in the U.S. District Courts
Rule: 11
Jurisdiction: US
Bluebook Citation: § 2254 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, the parties may not appeal the denial but may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22. A motion 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. (6) RULES GOVERNING SECTION 2254 CASES AND SECTION 2255 PROCEEDINGS
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