U.S. Court of Appeals for the Fifth Circuit, 1944

House v. Mayo

U.S. Court of Appeals for the Fifth Circuit · Decided November 14, 1944

147 F.2d 606; 1944 U.S. App. LEXIS 2387 (Federal Reporter, Second Series)

Counsel

There were no appearances in the case.

Cases that cite this one

4 later published cases cite this decision.

Albert R. House v. Nathan Mayo, State Prison Custodian of Florida (5th Cir. 1960)
Campbell v. Mayo (5th Cir. 1947)
Hicks v. Mayo (5th Cir. 1946)
House v. Mayo (5th Cir. 1946)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The petition is for leave to appeal as a poor person under Sec. 832, Title 28 U.S.C.A. The appeal is from a “final decision by a court of the United States in a proceeding in habeas corpus where the detention complained of is by virtue of process issued out of a State court”. Under the provisions of Sec. 466, Title 28 U.S.C.A., a certificate of probable cause is a jurisdictional prerequisite to such an appeal. Millslagle v. Olson, 8 Cir., 130 F. 2d 212; Genna v. Frazier, 5 Cir., 24 F.2d 706. Plaintiff does not present such certificate, but, on the contrary, there appears in the record a finding and order of the district judge that no probable cause exists. The petition is denied.

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