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Leonard B. Willis v. O. B. Ellis, General Manager, Texas Prison System

Leonard B. WILLIS, Appellant, v. O. B. ELLIS, General Manager, Texas Prison System, Appellee

Willis v. O. B. Ellis, Gen. Manager, Tex. Prison Sys., 217 F.2d 135 (5th Cir. 1954)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
November 23, 1954
Docket
No. 15054
Judges
Hutcheson, Borah, Rives
Citations
217 F.2d 135

Opinion — Per Curiam

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 appellee, 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 sueh certificate, the motion is granted and the appeal is dismissed.

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1958: 11971: 219582026peak 1971 · 2

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