From Casetext: Smarter Legal Research

Farmer v. Skeen

United States Court of Appeals, Fourth Circuit
May 25, 1955
222 F.2d 948 (4th Cir. 1955)

Opinion

No. 6987.

Argued May 23, 1955.

Decided May 25, 1955.

No attorney or brief for appellant.

T.D. Kauffelt, Asst. Atty. Gen. (John G. Fox, Atty. Gen., of West Virginia, on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


This is an appeal from an order dismissing a petition for a writ of habeas corpus by a prisoner serving a sentence under the judgment of a West Virginia state court. See Farmer v. Skeen, D.C., 125 F. Supp. 549; Ex parte Farmer, 123 W. Va. 304, 14 S.E.2d 910; United States ex rel. Farmer v. Skeen, D.C., 107 F. Supp. 877; Id., 4 Cir., 203 F.2d 950. We have no jurisdiction of the appeal for failure of the appellant to secure the certificate of probable cause required by 28 U.S.C. § 2253. An examination of the record before us shows that that appellant is not entitled to such certificate and that the appeal is without merit.

Appeal dismissed.


Summaries of

Farmer v. Skeen

United States Court of Appeals, Fourth Circuit
May 25, 1955
222 F.2d 948 (4th Cir. 1955)
Case details for

Farmer v. Skeen

Case Details

Full title:A.B. FARMER, Petitioner, Appellant, v. Orel J. SKEEN, Warden of the West…

Court:United States Court of Appeals, Fourth Circuit

Date published: May 25, 1955

Citations

222 F.2d 948 (4th Cir. 1955)

Citing Cases

United States v. Skeen

Moreover, it appears to be the general rule that where the highest court of the state has pronounced a…

McCoy v. Tucker

In the absence of such a certificate by the District Judge, or a Judge of this Court, the Court of Appeals is…