U.S. Court of Appeals for the Fifth Circuit, 1954

John Maulding v. O. B. Ellis, General Manager, Texas Prison System

John Maulding v. O. B. Ellis, General Manager, Texas Prison System
U.S. Court of Appeals for the Fifth Circuit · Decided November 23, 1954 · Hutcheson, Borah, Rives
217 F.2d 134; 1954 U.S. App. LEXIS 3092 (Federal Reporter, Second Series)

Counsel

John Maulding, in pro. per., Willis E. Gresham, Asst. Atty. Gen., for appellees.

John Maulding v. O. B. Ellis, General Manager, Texas Prison System

Cases that cite this one

2 later published cases cite this decision.

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Opinion

PER CURIAM.

Petitioner below, appellant here, a prisoner in custody under a state court sentence, sought habeas corpus relief therefrom. The district judge denied the petition and also refused to issue a certificate of probable cause, and the ap-pellee, through the Attorney General of the State of Texas, has moved to dismiss the appeal on the ground that, in the absence of a certificate of probable cause, 1 this court is without jurisdiction to entertain the appeal. This being so, and neither the court nor any member thereof finding any basis in the record for the issuance of such certificate, the motion is granted and the appeal is dismissed.

1

. Sec. 2253, 28 U.S.C.A.; Harris v. Ellis, 5 Cir., 204 E.2d 685.

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