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LOWELL v. PRUNTY

No. 96-55478.

91 F.3d 1358 (1996)

Patrick Alan LOWELL, Petitioner-Appellant, v. K.W. PRUNTY, Chief Deputy Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1996.

Attorney(s) appearing for the Case

Michael Tanaka, Deputy Federal Public Defender, Los Angeles, California, for petitioner-appellant.

Paul C. Ament, Deputy Attorney General, Los Angeles, California, for respondents-appellees.

Before: HUG, Chief Judge, and SCHROEDER and TASHIMA, Circuit Judges.

PER CURIAM:

Patrick Alan Lowell, a California state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 petition. On April 24, 1996, while Lowell's request for a certificate of probable cause (CPC) was pending in this court, the President signed the Antiterrorism and Effective Death Penalty Act of 1996 (the Act). Section 102 of the Act amends 28 U.S.C. § 2253 to require a certificate of appealability (COA), instead of a CPC as required...

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