Melvin Junior Welch v. Texas Board of Parole and Pardon

460 F.2d 298, 1972 U.S. App. LEXIS 9276

Opinion

PER CURIAM:

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.