MELVIN JUNIOR WELCH, PETITIONER-APPELLANT,
v.
TEXAS BOARD OF PAROLE AND PARDON, RESPONDENT-APPELLEE
MELVIN JUNIOR WELCH, PETITIONER-APPELLANT,
TEXAS BOARD OF PAROLE AND PARDON, RESPONDENT-APPELLEE
460 F.2d 298
Court of Appeals for the Fifth Circuit (1972)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:
Appellant’s petition to the district court in which he sought discharge from a Texas, state detainer was dismissed as being frivolous.
In the absence of a certificate of probable cause, as is the case here, we are without jurisdiction to entertain his appeal. Hooks v. 4th District Court of Appeal, Fla., 5 Cir., 1971, 442 F. 2d 1042; Hines v. Pitcher, 5 Cir., 1961, 440 F. 2d 792. Cf. Stewart v. Beto, 5 Cir., 1971, 451 F. 2d 185. There has been no application to the district court for a certificate of probable cause despite notice to appellant of the jurisdictional defect. The appeal will therefore be and it is
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McKIBBEN v. Hopper, 565 F.2d 1316 (5th Cir. 1978)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Hooks v. 4TH Dist. Court OF Appeal, 442 F.2d 1042 (5th Cir. 1971)
- Hines v. Sargent Pitcher, 440 F.2d 792 (5th Cir. 1971)
- Stewart v. Beto, 451 F.2d 185 (5th Cir. 1971)