U.S. Court of Appeals for the Fifth Circuit, 1952

Henley v. Moore, Warden

Henley v. Moore, Warden
U.S. Court of Appeals for the Fifth Circuit · Decided November 18, 1952 · Hutcheson, Borah, Rives
199 F.2d 752; 1952 U.S. App. LEXIS 3425 (Federal Reporter, Second Series)

Henley v. Moore, Warden

Opinion

PER CURIAM. .

This is an appeal froln an order denying a petition' for haibeas corpus seeking relief from custody under state process. The district judge having declined to issue a certificate of probable cause, the judges of this court have carefully examined the record to determine whether the appeal has enough merit to justify the issuance by them of such a certificate. Finding that it has not, they decline to issue the certificate, and, on the motion of appellee, the appeal is dismissed for want of jurisdiction. Cf. Harris, v. Ellis, 5 Cir., 194 F.2d 604, and Seymour v. Ellis, 5 Cir., 196 F.2d 495.

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