# Melvin Junior Welch v. Texas Board of Parole and Pardon

> Court of Appeals for the Fifth Circuit · May 31, 1972 · 460 F.2d 298

URL: https://www.frixlaw.com/law-library/cases/303474

## Case

- **Full name:** Melvin Junior WELCH, Petitioner-Appellant, v. TEXAS BOARD OF PAROLE AND PARDON, Respondent-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** May 31, 1972
- **Citations:** 460 F.2d 298; 1972 U.S. App. LEXIS 9276
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Bell, Dyer, Clark
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/303474

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/303474. Public record. Not legal advice.