John Maulding v. O. B. Ellis, General Manager, Texas Prison System
This text of 217 F.2d 134 (John Maulding v. O. B. Ellis, General Manager, Texas Prison System) 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.
Opinion
Petitioner below, appellant here, a prisoner in custody under a state court sentence, sought habeas corpus relief therefrom. The district judge denied the petition and also refused to issue a certificate of probable cause, and the ap-pellee, through the Attorney General of the State of Texas, has moved to dismiss the appeal on the ground that, in the absence of a certificate of probable cause, 1 this court is without jurisdiction to entertain the appeal. This being so, and neither the court nor any member thereof finding any basis in the record for the issuance of such certificate, the motion is granted and the appeal is dismissed.
. Sec. 2253, 28 U.S.C.A.; Harris v. Ellis, 5 Cir., 204 E.2d 685.
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217 F.2d 134, 1954 U.S. App. LEXIS 3092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-maulding-v-o-b-ellis-general-manager-texas-prison-system-ca5-1954.