Joseph L. Lara v. Louis S. Nelson

This is an appeal from a final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a state court. Such an appeal may not be taken unless *324the judge who rendered the order or a circuit justice or judge issues a certificate of probable cause. 28 U.S.C. § 2253. Appellant Lara filed an application for a certificate of probable cause in the district court on the day he filed his notice of appeal. It then became the duty of the district court to either issue a certificate of probable cause or state the reasons why such a certificate should not issue.…