Grandberry v. Keever

Federal 7th Circuit Court
Criminal Court
Habeas Corpus
Case Number: 
No. 12-2081
Decision Date: 
November 5, 2013
Federal District: 
S.D. Ind., Terre Haute Div.
Motion to dismiss appeal denied
Ct. of Appeals raised sua sponte issue as to whether it had jurisdiction over defendant’s appeal of denial of his section 2254 habeas petition that challenged decision by state prison disciplinary board to impose loss of 30 days good-time credits in disciplinary proceedings, where as here, defendant failed to obtain certificate of appealability prior to filing notice of appeal. Certificate of appealability requirement set forth in section 2253(c)(1)(A) does not apply to instant appeal since instant detention complained of did not arise out of process issued by State court.