Summary
In Sykes v. Peppersack, Warden, 213 F.2d 871, effort was made to prosecute an appeal from an order discharging a petition for writ of habeas corpus and remanding the petitioner to the custody of the warden of the penitentiary without obtaining a certificate of probable cause, as required by said Section 2253.
Summary of this case from Goldsby v. StateOpinion
No. 6803.
Argued May 31, 1954.
Decided June 2, 1954.
Venable Vermont, Spartanburg, S.C., for appellant.
H. Clifton Owens, Asst. Atty. Gen., of Maryland (Edward D.E. Rollins, Atty. Gen., of Maryland, on brief), for appellee.
Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.
This is an appeal from an order discharging a writ of habeas corpus and remanding petitioner to the custody of the warden of a penitentiary where he is imprisoned under the judgment and sentence of a state court. The contentions of appellant are entirely without merit, and, if the appeal were properly before us, the order appealed from would be affirmed. The appellant has failed to obtain, however, the certificate of probable cause required by 28 U.S.C. § 2253. The appeal will accordingly be dismissed.
Appeal dismissed.