Lieto v. Ellis

Fifth Circuit Court of Appeals

Decided March 17, 1953.

Rehearing Denied April 27, 1953.

Fifth Circuit Court of Appeals · decided 1953-03-17

Cited by 1 later decisions — most recently March 1953

1 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1953-03-17

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¶1Joseph F. Lieto, in propria persona.

¶2Willis E. Gresham, Asst. Atty. Gen. of Tex., John Ben Shepperd, Atty. Gen. of Tex., for appellee.

¶3Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.

¶4PER CURIAM.

¶5This is an appeal' from a 'final order entered 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.

¶6In addition to denying the petition for the writ, the district judge declined to issue the certificate of probable cause which, under Sec. 2253, Title 28 U.S.C.A., is a judicial prerequisite to such an appeal.

¶7Matters standing thus, the judges of this court have examined the record for themselves, and the court and each individual judge being of the opinion that there exists no probable cause for an appeal and declining to issue such a certificate, the appeal is dismissed.