Bobby Joe Fabian v. Jack Reed, Superintendent of Mississippi State Penitentiary

This is the second time this state prisoner’s habeas corpus case has come before this court. In Fabian v. Reed (Fabian I), 707 F.2d 147 (5th Cir.1983), we remanded the case to the district court for it to determine whether a certificate of probable cause should be granted. We stated then that “[i]f the district court ha[d] not granted the certificate by August 1, 1983, we ... [would] then treat the petitioner’s notice of appeal as a request for a certificate of probable cause pursuant to Fed.R.App.P. 22(b).. . . ” Id. at 149. The district court has denied the certificate, so we now consider…