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

Wilbert M. Sheridan v. O. B. Ellis, General Manager, Texas Prison System

Wilbert M. Sheridan v. O. B. Ellis, General Manager, Texas Prison System
U.S. Court of Appeals for the Fifth Circuit · Decided December 2, 1954 · Borah, Per Curiam, Rives, Tuttle
217 F.2d 306 (Federal Reporter, Second Series)

Counsel

Willis E. Gresham, Asst. Atty. Gen., for appellee.

Wilbert M. Sheridan v. O. B. Ellis, General Manager, Texas Prison System

Cases that cite this one

1 later published case cites 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 as required by Section 2253, Title 28 U.S.C.A., this Court is without jurisdiction to entertain the appeal. This being so, 1 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

. Harris v. Ellis, 5 Cir.; 204 F.2d 685.

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