This cause coming on to be heard upon the appeal from the order of the District Court denying the petition for a writ of habeas corpus and the motion of appellant that the appeal be dismissed, and being heard before the Court; and it appearing that the application for habeas corpus was and is without merit in view of the decisions of this court in United States ex rel. Rowe v. Nicholson, 4 Cir., 78 F.2d 468; United States ex rel. Nicholson, v. Dillard, 4 Cir., 102 F.2d 94, and O'Neal v. Fleming, 4 Cir., 201 F.2d 665; and it further appearing that the appeal is without merit and that there is no reason why it should not be dismissed on motion of appellant:

Now, therefore, it is ordered that the appeal herein be and same is hereby dismissed.