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194 F.2d 604

Docket No. 13755.

Harris v. Ellis

Fifth Circuit Court of Appeals

Decided Feb. 15, 1952.

Fifth Circuit Court of Appeals · decided 1952-02-15

Cited by 12 later decisions — most recently May 1953

12 federal appellate ·

2 counsel of record

Relies on Darr v. Burford · Ex Parte Hawk No - on Rule to Show Cause and Return · White v. Ragen

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1952-02-15

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¶1George Harris, pro. per.

¶2No appearance entered on behalf of appellees.

¶3Before BORAH, RUSSELL, and RIVES, Circuit Judges.

¶4PER CURIAM.

¶5This appeal is from a final order by a court of the United States in a habeas corpus proceeding where the detention complained of arises out of process issued by a State Court. Under the provisions of Section 2253, Title 28 U.S.C., a certificate of probable cause is a jurisdictional prerequisite to such an appeal. The appellant does not present such certificate but, on the contrary, there appears in the record an order of the district judge denying such certificate.

¶6The record standing thus, and the judges of this court, after an examination of the record, being of the opinion that the dis*605trict court rightly denied the petition1 and that upon the authority of Ex parte Hawk, 321 U.S. 114, 116, 117, 64 S.Ct. 448, 88 L.Ed. 572; White v. Ragen, 324 U.S. 760, 764, 65 S.Ct. 978, 89 L.Ed. 1348; Darr v. Burford, 339 U.S. 200, 203, 204, 70 S.Ct. 587, 94 L.Ed. 761, there exists no probable cause for an appeal, and declining to issue such certificate, the appeal is dismissed for want of jurisdiction.

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