David Hall Crum, Appellant v. District of Columbia Court of Appeals, 959 F.2d 1101 (D.C. Cir. 1992)

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U.S. Court of Appeals for the District of Columbia Circuit - 959 F.2d 1101 (D.C. Cir. 1992) March 6, 1992

Before HARRY T. EDWARDS, D.H. GINSBURG and RANDOLPH, Circuit Judges.


ORDER

PER CURIAM

Upon consideration of appellant's response to this court's August 16, 1991 order to show cause, it is

ORDERED that the order to show cause be discharged. It is

FURTHER ORDERED, on the court's own motion, that the appeal be dismissed for lack of jurisdiction. A certificate of probable cause is a jurisdictional prerequisite to an appeal by a state prisoner from the denial of a federal habeas petition and may be issued only upon a "substantial showing of the denial of a federal right." See Garris v. Lindsay, 794 F.2d 722, 724 (D.C. Cir.), cert. denied, 479 U.S. 993 (1986).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.

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