Newby v. Johnson

The appellant, Billy Newby, appeals from the order of the district court dismissing as frivolous his petition for writ of habeas corpus. The only worthy issue in this appeal is whether a certificate of probable cause (“CPC”) is required under 28 U.S.C. § 2253 when the petitioner seeks relief from an order of the state pardon and parole board and not directly from a state court judgment of conviction. Construing Newby’s notice of appeal as a request for CPC, see Fed. R.App.P. 22(b), we deny the request. We therefore dismiss this appeal for lack of jurisdiction.

I

The appellant, Billy Newby, was…