TANN
v.
SMYTH
TANN
SMYTH
182 F.2d 939
United States Court of Appeals for the Fourth Circuit (1950)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This is an appeal from the denial of the writ of habeas corpus to a prisoner held in custody under the judgment of a court of the state of Virginia. It does not appear that appellant has any merit in his petition or that he has exhausted his remedies under state law as required by 28 U.S. C.A. § 2254. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587. The order of the court below would be affirmed, therefore, if the appeal were properly before us. It is not properly before us, however, because not supported by a certificate of probable cause as required by 28 U.S.C.A. § 2253 and must accordingly be dismissed. Bernard v. Brady, 4 Cir., 164 F. 2d 881.
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lyle v. Eidson, 197 F.2d 327 (8th Cir. 1952)
-
Baker v. Ellis, 204 F.2d 353 (5th Cir. 1953)
Authorities Cited
- Darr v. Burford, 339 U.S. 200 (U.S. 1950)
- Bernard v. Brady, 164 F.2d 881 (4th Cir. 1947)