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158 F.2d 90

Docket No. 11724.

House v. Mayo

Fifth Circuit Court of Appeals

Decided Nov. 22, 1946.

Fifth Circuit Court of Appeals · decided 1946-11-22

2 counsel of record

Relies on House v. Mayo · Powell v. Meyer · Allen v. Hunter

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1946-11-22

How this case has been cited

Cited by 14 later decisions — most recently February 1989

6 federal appellate · 2 district · 3 state decisions

6019461950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Albert R. House, of Raiford, Fla., in pro. per.

¶2J. Tom Watson, Atty. Gen. of Florida, and Reeves Bowen, Asst. Atty. Gen., both of Tallahassee, Fla., for appellee.

¶3Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.

¶4PER CURIAM.

¶5Appellant, detained in custody in Florida “by virtue of process issued out of a state court” has been here twice before 1 appealing from orders entered by the district judge of the United States District Court for the Southern District of Florida denying his petition. Denied a certificate of probable cause for appeal below, he appealed and applied to Honorable Samuel H. Sibley, Senior Circuit Judge of this court, for a certificate of probable cause. The certificate ws denied. Appellant thus stands in this court without a certificate of probable cause which, under the provisions of Section 466, Title 28 U.S.C.A., is a jurisdictional prerequisite to his appeal.

¶6The record standing thus, and the judges of this court, after an examination of the record, being of the opinion that there is no probable cause for an appeal and declining to issue such certificate, the appeal is dismissed for want of jurisdiction.

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