Savage
Savage v. United States
Opinion
Lead Opinion
Fairbank, J.
ORDER
Granting a Certificate of Appealability
“Unless a circuit justice or [district] judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from—(A) the final order in a ha-beas corpus proceeding in which the detention complained of arises out of process issued by a state court.” 28 U.S.C. § 2253 (c)(1)(A). See, e.g., Bryant v. McDonald, 586 Fed.Appx. 290 , 291 n.10 (9th Cir. 2014) (“We decline to consider Bryant’s claim of cumulative error[,3 for which no certificate of appealability issued.”) (citing Rhoades v. Henry, 598 F.3d 511 , 515 n.6 (9th Cir. 2010)), cert. denied sub nom. Bryant v. Soto, — U.S. -, 135 S.Ct. 2058 , 191 L.Ed.2d 963 (2015). The district court must issue or deny a COÁ when it enters a final order adverse to the applicant. See Rule 11(a) of Rules Governing Sec. 2255 Cases in U.S. District Courts.
The court considers each claim separately, and it may grant a COA on one claim and not others. See Mayfield v. Woodford, 270 F.3d 915, 922 (9th Cir. 2001); accord Hall v. Thaler, 504 Fed.Appx. 269, 274 (5th Cir. 2012) (“We review each claim separately to determine whether ... reasonable jurists ‘would find the district…