Joseph James Blake v. Ralph Kemp, Warden, Georgia Diagnostic Center

TUTTLE, Senior Circuit Judge:

I. APPEALABILITY OF DISTRICT COURT’S ORDER

Following the publication of our opinion in this case at 737 F.2d 925 (11th Cir.1984), the Court withheld the mandate sua sponte to give further consideration to the appealability of the district court’s grant of the writ of habeas corpus. In that opinion, we announced what amounted to a new procedural rule touching upon the finality of judgments of habeas courts which enter judgments on some, but less than all, the “claims” before them. That rule is that each ground or basis which a habeas petitioner assigns as a ground…