Opinion

Melvin Junior Welch v. Texas Board of Parole and Pardon

460 F.2d 298
1972 U.S. App. LEXIS 9276

Court: Court of Appeals for the Fifth Circuit
Filed: May 31, 1972
Status: Published
On the bench: Bell, Dyer, Clark
Cited by: 2 cases
Authority: More cited than 72.8%

dismissing challenge to state detainer for lack of CPC

How later courts described this case

dismissing challenge to state detainer for lack of CPC

Written by the judges who cited it.

The opinion

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.

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