Oliver v. Ellis

210 F.2d 823

Opinion

PER CURIAM.

This is an attempt to appeal from an order refusing to issue the writ of habeas corpus, sued out by a prisoner seeking release from State custody, in which he is held pursuant to State process. The district judge permitted the appeal in forma pauperis, but declined to issue a certificate of probable cause.

Our examination of the record to determine whether such a certificate should be issued and the appeal allowed discloses that the contentions made are without merit. We, therefore, decline to issue a certificate of probable cause, and accordingly dismiss the appeal.

Dismissed.