Oliver v. Ellis

Fifth Circuit

Oliver v. Ellis

210 F.2d 823

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 29, 1954

Docket14797

StatusPublished

This text of 210 F.2d 823 (Oliver v. Ellis) 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

Oliver v. Ellis, 210 F.2d 823 (5th Cir. 1954).

Pincite

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.

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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.

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Bluebook (online)

210 F.2d 823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-v-ellis-ca5-1954.