Henson v. Ellis

Fifth Circuit

Henson v. Ellis

199 F.2d 952, 1952 U.S. App. LEXIS 3457

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 18, 1952

Docket14148_1

StatusPublished

This text of 199 F.2d 952 (Henson v. Ellis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henson v. Ellis, 199 F.2d 952, 1952 U.S. App. LEXIS 3457 (5th Cir. 1952).

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Opinion

PER CURIAM.

This appeal is from a final order denying :a petition for habeas corpus where the detention complained of arises out of process issued Iby a state court. Under the provisions of Sec. 2253, Title 28 U.S.C., a certificate of probable cause is a judicial prerequisite to its consideration. The appellee moves to dismiss the appeal for want ■of such certificate.

It appearing to the judges of this court, upon an examination of the record, that the district judge rightly denied the petition, that there exists no probable cause for appeal, and that this court should decline to issue such a certificate, the motion is granted, and the appeal is dismissed for want of jurisdiction. Cf. Harris v. Ellis, 5 Cir., 194 F.2d 604, and Seymour v. Ellis, 5 Cir., 196 F.2d 495.

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PER CURIAM.

This appeal is from a final order denying :a petition for habeas corpus where the detention complained of arises out of process issued Iby a state court. Under the provisions of Sec. 2253, Title 28 U.S.C., a certificate of probable cause is a judicial prerequisite to its consideration. The appellee moves to dismiss the appeal for want ■of such certificate.

It appearing to the judges of this court, upon an examination of the record, that the district judge rightly denied the petition, that there exists no probable cause for appeal, and that this court should decline to issue such a certificate, the motion is granted, and the appeal is dismissed for want of jurisdiction. Cf. Harris v. Ellis, 5 Cir., 194 F.2d 604, and Seymour v. Ellis, 5 Cir., 196 F.2d 495.

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Bluebook (online)

199 F.2d 952, 1952 U.S. App. LEXIS 3457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henson-v-ellis-ca5-1952.

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