US · rules
2d Cir. R. 22.1
Certificate of Appealability
(a) Request to This Court for a COA. In a case governed by 28 U.S.C. § 2253 and FRAP
22(b), this court will not act on a request for a certificate of appealability (COA) unless
the district court has denied a COA. If the district court denies a COA, the applicant
must, within 28 days after the later of that denial or the filing of the notice of appeal,
request a COA in this court. The request must include a copy of the district judge’s order
denying the COA, and a statement that (1) identifies each issue that the applicant intends
to raise on appeal and the relevant facts, and (2) makes a substantial showing of a denial
of a constitutional right as to each issue. A request to this court for a COA is decided
without oral argument. The court ordinarily limits its consideration of the request to the
issues identified in the request. The appeal may not proceed unless a COA has been
issued.
(b) Timing. If a COA issues, the later of that date or the filing of the notice of appeal serves
as the date of the notice of appeal for calculating time under FRAP and these Local
Rules.
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- 2026-09-18
- Content hash
ea707decdeea75a2e6d52564a47aee9a72f559e83d2bcc05635e504e14103a8b
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