Melvin Junior Welch v. Texas Board of Parole and Pardon
This text of 460 F.2d 298 (Melvin Junior Welch v. Texas Board of Parole and Pardon) 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
Appellant’s petition to the district court in which he sought discharge from a Texas, state detainer was dismissed as being frivolous.
In the absence of a certificate of probable cause, as is the case here, we are without jurisdiction to entertain his appeal. Hooks v. 4th District Court of Appeal, Fla., 5 Cir., 1971, 442 F.2d 1042; Hines v. Pitcher, 5 Cir., 1961, 440 F.2d 792. Cf. Stewart v. Beto, 5 Cir., 1971, 451 F.2d 185. There has been no application to the district court for a certificate of probable cause despite notice to appellant of the jurisdictional defect. The appeal will therefore be and it is
Dismissed.
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460 F.2d 298, 1972 U.S. App. LEXIS 9276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melvin-junior-welch-v-texas-board-of-parole-and-pardon-ca5-1972.