United States Third Circuit

28 USC 2253(c)(1) requires a certificate of appealability in a 28 USC 2254 proceeding challenging the constitutionality of a denial of parole because only the "detention complained of" must arise out of process issued by the state court and not the action of the parole board.

Appellate Information

• Argued 12/10/1998
• Decided 05/31/2001
• Published 05/31/2001

Judges

• Before:  BECKER, Chief Judge, STAPLETON and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Nancy Winkelman (Argued), Gillian Thomas, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, Attorneys for Appellant.


• For Appellees:
  
• Kiersten M. Murray (Argued), John O.J. Shellenberger, Office of the Attorney General of Pennsylvania, Philadelphia, PA, Attorney for Appellees.