Application of James Alonzo Rogers for a Writ of Habeas Corpus

Rogers, having had denied his application for a writ of habeas corpus by the District Court has addressed to the above court as an entity his petition for its certificate of probable cause. The petition is headed “In the United States Court of Appeals for the Ninth Circuit.” It is entitled “Petition for Certificate of Probable Cause to Appeal,” etc. It is addressed solely to the court, as follows: “To the Honorable, The Above-Entitled Court:” The petition’s first paragraph ends with the statement that petitioner “hereby applies for a Certificate of Probable Cause from this Court.” (Emphasis added.) The prayer of the petition reads, “Wherefore, Petitioner earnestly prays that This Court Grant a Certificate of Probable Cause to appeal from the Order denying the Petition for Writ of Habeas Corpus.” (Emphasis added.) Nowhere in the petition is there mention of a judge of the court much less that the petition is addressed to any of its nine circuit judges. This is not a case where is considered a pleading by a litigant ignorant of the law. Its plain language is that of Rogers’ competent attorneys.

The question is whether Congress has given the court, as a court, the jurisdiction to…