Robert G. Lemaster v. O. B. Ellis, General Manager, Texas Prison System

Fifth Circuit

Robert G. Lemaster v. O. B. Ellis, General Manager, Texas Prison System

217 F.2d 302, 1954 U.S. App. LEXIS 3113

Court of Appeals for the Fifth Circuit·Decided December 2, 1954·No. 15229·Published

Opinion

PER CURIAM.

This is an attempt to appeal from an order refusing to issue the writ of habe-as corpus as prayed for by a prisoner seeking release from State custody where 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.

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

Dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an attempt to appeal from an order refusing to issue the writ of habe-as corpus as prayed for by a prisoner seeking release from State custody where 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.

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

Dismissed.

Robert G. Lemaster v. O. B. Ellis, General Manager, Texas Prison System, 217 F.2d 302, 1954 U.S. App. LEXIS 3113 (5th Cir. 1954).

Pincite

217 F.2d 302 (Robert G. Lemaster v. O. B. Ellis, General Manager, Texas Prison System) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.