Jerry Wade Johnson v. The State of Texas

U.S. Court of Appeals for the Fifth Circuit
Jerry Wade Johnson v. The State of Texas, 435 F.2d 920 (5th Cir. 1970)
1970 U.S. App. LEXIS 5877

Jerry Wade Johnson v. The State of Texas

Opinion

PER CURIAM:

This is an appeal from denial of the petition for habeas corpus of a prisoner of the State of Texas who is being held pending trial for robbery, possession of narcotics, and felony theft. Appellant seeks among other things to enjoin the state trial court from further criminal proceedings until that court has acted on his application to it for habeas corpus relief. 1

*921 The district court denied the petition on grounds of failure to exhaust available state remedies, and because no circumstances were alleged or shown to exist that would warrant federal interference with administration of justice in the state courts. This ruling is manifestly correct. See Atlantic Coast Line Railroad Co. v. Brotherhood of Locomotive Engineers, 1970, 398 U.S. 281, 90 S.Ct. 1739, 26 L.Ed.2d 234; Douglas v. Jeannette, 1943, 319 U.S. 157, 63 S.Ct. 877, 87 L.Ed. 1234; Wallach v. City of Pagedale, 8 Cir. 1967, 376 F.2d 671; 28 U.S.C.A. § 2283.

Affirmed.

1

. It is appropriate to dispose of this pro se case summarily, pursuant to this Court’s local Rule 9(c) (2), appellant having failed to file a brief within the time fixed by Rule 31, Federal Rules of Appellate Procedure. Kimbrough v. Beto, Director, 5 Cir. 1969, 412 F.2d 981.

Reference

Full Case Name
Jerry Wade JOHNSON, Petitioner-Appellant, v. the STATE OF TEXAS, Respondent-Appellee
Cited By
2 cases
Status
Published