Transmission of Record (a) When Petition Denied and Certificate of Appealability Denied. When the petitioner files a notice of appeal from an order denying habeas relief, and the District Court has de

(b) When Petition Denied and Certificate of Appealability Granted. When the petitioner files a notice of appeal from an order denying habeas relief, and the District Court has granted a certificate of probable cause or appealability and granted a stay of execution, the Clerk shall retain the record of proceedings until requested by the Court of Appeals to transmit it. The Clerk will transmit to the Court of Appeals immediately: (1) A copy of the notice of appeal; (2) A copy of the order(s) granting the certificate and stay; and (3) A copy of the docket sheet. (c) When Petition Granted.

When the respondent files a notice of appeal from an order granting habeas relief, the Clerk shall retain the record of proceedings until requested by the Court of Appeals to transmit it. The Clerk shall transmit to the Court of Appeals immediately: (1) A copy of the notice of appeal; and (2) A copy of the docket sheet. USDC Habeas Corpus Local Rules – Revised July 2, 2012 HAB-9