(a) Application for the Original Writ.
An application for a writ of habeas corpus must be made to the
appropriate district court.
If made to a circuit judge, the application must be
transferred to the appropriate district court. If a district
court denies an application made or transferred to it, renewal
of the application before a circuit judge is not permitted.
The applicant may, under 28 U.S.C. § 2253, appeal to the court
of appeals from the district court’s order denying the
(b) Certificate of Appealability.
(1) In a habeas corpus proceeding in which the detention
complained of arises from process issued by a state court,
or in a 28 U.S.C. § 2255 proceeding, the applicant cannot
take an appeal unless a circuit justice or a circuit or
district judge issues a certificate of appealability under
28 U.S.C. § 2253(c). If an applicant files a notice of
appeal, the district clerk must send to the court of appeals
the certificate (if any) and the statement described in Rule
11(a) of the Rules Governing Proceedings Under 28 U.S.C. §
2254 or § 2255 (if any), along with the notice of appeal and
the file of the district-court proceedings. If the district
judge has denied the certificate, the applicant may request
a circuit judge to issue it.
(2) A request addressed to the court of appeals may be
considered by a circuit judge or judges, as the court
prescribes. If no express request for a certificate is
filed, the notice of appeal constitutes a request addressed
to the judges of the court of appeals.
(3) A certificate of appealability is not required when a
state or its representative or the United States or its
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Title VI. Habeas Corpus; Proceedings in Forma Pauperis | Rule 22
Last modified at 12/16/2009