Petitioner, Gilbert Sagaser, an inmate of the Nebraska State Penitentiary, seeks to appeal an order of the United States District Court for the District of Nebraska denying his application for a writ of habeas corpus. The District Court granted petitioner the right to file a notice of appeal without prepayment of costs and to proceed in forma pauperis. It appears from the record that the District Court did not grant a certificate of probable cause, and, in fact, no such certificate was requested of that court.
A certificate of probable cause is a jurisdictional prerequisite to an appeal as provided by 28 U.S.C.A. § 2253:
“An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, unless the justice or judge who rendered the order or a circuit justice or judge issues a certificate of probable cause.”
The District Court has not issued a certificate of probable cause and we, therefore, grant respondent’s motion to dismiss the appeal.
It is so ordered.