Wilbert M. Sheridan v. O. B. Ellis, General Manager, Texas Prison System

217 F.2d 306

Opinion

PER CURIAM.

Petitioner below, appellant here, a prisoner in custody under a state court sentence, sought habeas corpus relief therefrom. The district judge denied the petition and also refused to issue a certificate of probable cause, and the ap-pellee, through the Attorney General of the State of Texas, has moved to dismiss the appeal on the ground that, in the absence of a certificate of probable cause as required by Section 2253, Title 28 U.S.C.A., this Court is without jurisdiction to entertain the appeal. This being so, 1 and neither the Court nor any member thereof finding any basis in the record for the issuance of. such certificate, the motion is granted and the appeal is dismissed.

1 . Harris v. Ellis, 5 Cir.; 204 F.2d 685.