Per Curiam.
The petitioner, a prisoner in the Pennsylvania penal system, sought a writ of habeas corpus from the United States District Court for the Western District of Pennsylvania. He alleged, among other things, that his appointed counsel in the state trial which resulted in his conviction had been ineffective, and that he had therefore been denied the aid and assistance of counsel guaranteed by the Constitution. Gideon v. Wainwright, 372 U. S. 335. The District Court granted Nowakowski a hearing and appointed a lawyer to assist him. Following the hearing and “[vjiewing the record of the trial and the habeas corpus hearing as a whole” the -court concluded that Pennsylvania “cannot be convicted of denying effective aid and assistance of counsel to the relator . . . .” However, the District Judge issued the certificate of probable cause necessary to allow a person in state chstody to appeal a denial of federal habeas corpus. 28 U. S. C. § 2253.
The lawyers who assisted the petitioner at the habeas hearing were then allowed to withdraw by the District Court. Nowakowski subsequently petitioned the Court, of Appeals for the Third Circuit to allow him .to appeal in forma pauperis from the District Court’s denial of relief. He also asked to be allowed to proceed in the Court of Appeals on written briefs and sought the appointment of counsel. That court denied the petition in the following order:
“Upon consideration of appellant’s petition for leave to proceed in forma pauperis and to file handwritten briefs; and for appointment of counsel in the above-entitled case;
“It is ORDERED that the petition be and it hereby is denied.”
Following the Third Circuit’s denial of Nowakowski’s petition for rehearing, he sought a writ of certiorari from this Court. It was granted, as was.his motion to proceed in forma pauperis. 384 U. S. 984.
We hold that the Court of Appeals erred in denying. the petitioner the right to appeal after the District Judge had issued a § 2253 certificate of probable cause. It is established law that a circuit judge or justice entertaining an application for a certificate should give “weighty consideration” to its prior denial by a district judge. Sullivan v. Heinze, 250 F. 2d 427, 429; Sokol, Federal Habeas Corpus § 17, at 94 (1965). Cf. In re Woods, 249 F. 2d 614, 616. But when a district judge grants such a certificate, the court of appeals must grant an appeal in forma pauperis (assuming the requisite showing of poverty), .and proceed to a disposition of the appeal in accord with its ordinary procedure.
•The order of the Court of Appeals for the Third Circuit is therefore vacated and the case is remanded for further proceedings consistent with this opinion.
What follows is an opinion from the Supreme Court of the United States. Your task is to identify whether administrative action occurred in the context of the case prior to the onset of litigation. The activity may involve an administrative official as well as that of an agency. To determine whether administration action occurred in the context of the case, consider the material which appears in the summary of the case preceding the Court's opinion and, if necessary, those portions of the prevailing opinion headed by a I or II. Action by an agency official is considered to be administrative action except when such an official acts to enforce criminal law. If an agency or agency official "denies" a "request" that action be taken, such denials are considered agency action. Exclude: a "challenge" to an unapplied agency rule, regulation, etc.; a request for an injunction or a declaratory judgment against agency action which, though anticipated, has not yet occurred; a mere request for an agency to take action when there is no evidence that the agency did so; agency or official action to enforce criminal law; the hiring and firing of political appointees or the procedures whereby public officials are appointed to office; attorney general preclearance actions pertaining to voting; filing fees or nominating petitions required for access to the ballot; actions of courts martial; land condemnation suits and quiet title actions instituted in a court; and federally funded private nonprofit organizations.