Bobby Allen Bryant v. Louie L. Wainwright, Etc.

Eleventh Circuit

Bobby Allen Bryant v. Louie L. Wainwright, Etc.

773 F.2d 276, 1985 U.S. App. LEXIS 23515

CourtCourt of Appeals for the Eleventh Circuit

DecidedSeptember 16, 1985

Docket84-5645

StatusPublished

This text of 773 F.2d 276 (Bobby Allen Bryant v. Louie L. Wainwright, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bobby Allen Bryant v. Louie L. Wainwright, Etc., 773 F.2d 276, 1985 U.S. App. LEXIS 23515 (11th Cir. 1985).

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Opinion

BY THE COURT:

Appellant Bobby Allen Bryant’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 was dismissed by the district court in a carefully considered fifteen page order on the ground that admission of the challenged evidence did not render the trial fundamentally unfair and did not rise to the level of a constitutional violation.

Appellant timely filed a motion to appeal in forma pauperis, motion for certificate of probable cause, and a notice of appeal. The district court granted the motion to appeal in forma pauperis but did not rule on the motion for certificate of probable cause.

We remand to the district court for entry of an order on the motion for certificate of probable cause, but retain jurisdiction of this case pending receipt of such an order. See Clements v. Wainwright, 648 F.2d 979, 980 and n. 2 (5th Cir.1981); and Fabian v. Reed, 707 F.2d 147 (5th Cir.1983).

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BY THE COURT:

Appellant Bobby Allen Bryant’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 was dismissed by the district court in a carefully considered fifteen page order on the ground that admission of the challenged evidence did not render the trial fundamentally unfair and did not rise to the level of a constitutional violation.

Appellant timely filed a motion to appeal in forma pauperis, motion for certificate of probable cause, and a notice of appeal. The district court granted the motion to appeal in forma pauperis but did not rule on the motion for certificate of probable cause.

We remand to the district court for entry of an order on the motion for certificate of probable cause, but retain jurisdiction of this case pending receipt of such an order. See Clements v. Wainwright, 648 F.2d 979, 980 and n. 2 (5th Cir.1981); and Fabian v. Reed, 707 F.2d 147 (5th Cir.1983).

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773 F.2d 276, 1985 U.S. App. LEXIS 23515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobby-allen-bryant-v-louie-l-wainwright-etc-ca11-1985.

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