Heimermann v. McCaughtry

DECISION AND ORDER

MYRON L. GORDON, Senior District Judge.

On October 15, 1993, I dismissed Scott A. Heimermann’s petition for a writ of habeas corpus. On October 22, 1993, Mr. Heimermann filed a timely notice of appeal accompanied by a request for the issuance of a certificate of probable cause. A habeas corpus petitioner may not appeal the dismissal of a habeas corpus petition unless the district court first issues a “certificate of probable cause.” See 28 U.S.C. § 2253.

Pursuant to Rule 22, Federal Rules of Appellate Procedure, I am obligated either to “issue a certificate of probable cause…