Jay Paul Shelton v. United States

Fifth Circuit

Jay Paul Shelton v. United States

223 F.2d 249, 1955 U.S. App. LEXIS 3937

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 10, 1955

Docket15481_1

StatusPublished

Cited by2 cases

This text of 223 F.2d 249 (Jay Paul Shelton v. United States) 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

Jay Paul Shelton v. United States, 223 F.2d 249, 1955 U.S. App. LEXIS 3937 (5th Cir. 1955).

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Opinion

PER CURIAM.

Brought by appellant who is presently confined in the United States Penitentiary at Atlanta, Georgia, under a sentence of imprisonment imposed upon him in the United States District Court for the Eastern District of Louisiana, this is an attempted appeal from an order entered in the sentencing court on Dec. 21, 1954. This order, reciting:

“On October 22, 1952, defendant filed a pleading styled ‘Election Not to Serve Sentence’, which pleading was not acted upon by the Court. And it further appearing that on December 15, 1954, defendant filed a motion styled ‘Motion to Nullify Election Not to Serve Sentence’. It Is Ordered that the defendant’s ‘Motion to Nullify Election Not to Serve Sentence’ be denied for the reason that it presents no basis for action by this Court at this time.”

is in form and in fact not a final order from which an appeal will lie, but interlocutory and non-appealable. The appeal must, therefore be, and it is hereby Dismissed.

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PER CURIAM.

Brought by appellant who is presently confined in the United States Penitentiary at Atlanta, Georgia, under a sentence of imprisonment imposed upon him in the United States District Court for the Eastern District of Louisiana, this is an attempted appeal from an order entered in the sentencing court on Dec. 21, 1954. This order, reciting:

“On October 22, 1952, defendant filed a pleading styled ‘Election Not to Serve Sentence’, which pleading was not acted upon by the Court. And it further appearing that on December 15, 1954, defendant filed a motion styled ‘Motion to Nullify Election Not to Serve Sentence’. It Is Ordered that the defendant’s ‘Motion to Nullify Election Not to Serve Sentence’ be denied for the reason that it presents no basis for action by this Court at this time.”

is in form and in fact not a final order from which an appeal will lie, but interlocutory and non-appealable. The appeal must, therefore be, and it is hereby Dismissed.

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Bluebook (online)

223 F.2d 249, 1955 U.S. App. LEXIS 3937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jay-paul-shelton-v-united-states-ca5-1955.

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