Melvin Junior Welch v. Texas Board of Parole and Pardon
Melvin Junior WELCH, Petitioner-Appellant, v. TEXAS BOARD OF PAROLE AND PARDON, Respondent-Appellee
Opinion
PER CURIAM:
Appellant’s petition to the district court in which he sought discharge from a Texas, state detainer was dismissed as being frivolous.
In the absence of a certificate of probable cause, as is the case here, we are without jurisdiction to entertain his appeal. Hooks v. 4th District Court of Appeal, Fla., 5 Cir., 1971, 442 F.2d 1042 ; Hines v. Pitcher, 5 Cir., 1961, 440 F.2d 792 . Cf. Stewart v. Beto, 5 Cir., 1971, 451 F.2d 185 . There has been no application to the district court for a certificate of probable cause despite notice to appellant of the jurisdictional defect. The appeal will therefore be and it is Dismissed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.