Dunlap v. Ellis

Decided Nov. 24, 1953.

Second Circuit Court of Appeals · decided 1953-11-24

2 counsel of record

Relies on Patton v. Texas & Pacific Railway Co. · Pennsylvania Co v. Chamberlain · Cosmopolitan Shipping Co. v. McAllister

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1953-11-24

How this case has been cited

Cited by 6 later decisions — most recently February 2004

5 federal appellate ·

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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¶1Erwin K. Stork, Austin, Tex., for appellant.

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

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

¶4PER CURIAM.

¶5This is an attempt to appeal from an order refusing to issue the writ of habeas corpus as prayed for by a prisoner seeking release from State custody were he is held pursuant to State process. The district judge permitted the appeal in forma pauperis, but declined to issue a certificate of probable cause.

¶6Upon our examination of the record to determine whether such a certificate should be issued and the appeal allowed, we find that the contentions made are without merit. We, therefore, decline to issue a certificate of probable cause, and accordingly dismiss the appeal.

¶7Dismissed.