U.S. Court of Appeals for the Fifth Circuit, 1953

Eugene F. Kilgore v. O. B. Ellis, General Manager, Texas Prison System, State of Texas

Eugene F. Kilgore v. O. B. Ellis, General Manager, Texas Prison System, State of Texas
U.S. Court of Appeals for the Fifth Circuit · Decided November 24, 1953 · Hutcheson, Borah, Rives
207 F.2d 959 (Federal Reporter, Second Series)

Eugene F. Kilgore v. O. B. Ellis, General Manager, Texas Prison System, State of Texas

Opinion

PER CURIAM.

This is an attempt to appeal from an order refusing to issue the writ of ha-beas corpus as prayed for by a prisoner-seeking release from State custody where he is held pursuant to State process. The district judge permitted the appeal in forma pauperis, but declined to issue a certificate of probable cause.

Upon our examination of the record to determine whether such a certificate should be issued and the appeal allowed, we find that the contentions made are without merit. We, therefore, decline to issue a certificate of probable cause, and accordingly dismiss the appeal.

Dismissed.

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