Legal Opinion
Harold Raymond Hooks v. 4th District Court of Appeal, Fla., and State of Florida, and Walter Colbaith, Etc.
Court of Appeals for the Fifth Circuit
Decided May 13, 1971No. 71-1329PublishedCited by 1 opinion
1Per curiam
This appeal is taken from an order denying the petition of a Florida prisoner for the writ of habeas corpus. We dismiss the appeal.
An appeal from an order of the district court denying the writ of habeas corpus may not be taken unless that district court issues a certificate of probable cause to appeal, or this Court grants such certificate, 28 U.S.C. § 2253. Appellant has failed to apply for such certificate. Therefore, this Court is without jurisdiction to entertain the appeal, McFrederick v. Florida, 5 Cir., 1958, 261 F.2d 52; Willis v. Ellis, 5 Cir., 1954, 217 F.2d 135.
An examination of…
2Cases cited5 opinions
- United States Ex Rel. Stephen Fink v. Louis Heyd, Criminal Sheriff of the Parish of OrleansCourt of Appeals for the Fifth Circuit · 1969
- Emmitt Alfred Ballard v. The State of TexasCourt of Appeals for the Fifth Circuit · 1971
- Clifford T. McFrederick v. State of FloridaCourt of Appeals for the Fifth Circuit · 1958
- Salvatore Charles Grech v. E. W. Purdy, as Sheriff of Metropolitan Dade CountyCourt of Appeals for the Fifth Circuit · 1970
- Leonard B. Willis v. O. B. Ellis, General Manager, Texas Prison SystemCourt of Appeals for the Fifth Circuit · 1954
3Cited by1 opinion
- Harold Raymond Hooks v. 4th District Court of Appeal, Fla., and State of Florida, and Walter Colbaith, Etc., No. 71-1329 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5 Cir., 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971