Legal Opinion
Henry Lewis Montgomery v. E. B. Caldwell, Etc.
Court of Appeals for the Fifth Circuit
Decided March 24, 1972No. 72-1567PublishedCited by 6 opinions
1Opinion of the Court
PER CURIAM;
This ease is before us on Montgomery’s application for a certificate of probable cause and leave to appeal in forma pauperis pursuant to 28 U.S.C. § 2253, Rule 22(b) Federal Rules of Appellate Procedure and 28 U.S.C. § 1915. The district court peremptorily denied his petition for the writ of habeas corpus on the ground that he had failed to exhaust his available state remedies as required in 28 U.S.C. § 2254. We grant the application for a certificate of probable cause and leave to appeal in forma pau- peris, and summarily vacate and remand the case. Haggard v. Alabama, 439 F.2d…
2Cases cited9 opinions
- Emmitt Monroe Spencer v. L. L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1968
- Joseph Bonaparte v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, Ga.Court of Appeals for the Fifth Circuit · 1971
- Otis Loper v. O. B. Ellis, General Manager, Texas Prison SystemCourt of Appeals for the Fifth Circuit · 1955
- William R. Johnson v. S. Lamont Smith, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1971
- William Burton v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1968
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jack Howard Potts v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Jack Howard Potts v. Sam AustinCourt of Appeals for the Fifth Circuit · 1981
- Henry Lewis Montgomery v. Joseph S. Hopper, Warden, Georgia State Prison, Reidsville, Ga.Court of Appeals for the Fifth Circuit · 1973
- Daniel Neal Qualls v. Bill Shaw, District Clerk, Dallas County, TexasCourt of Appeals for the Fifth Circuit · 1976
- Carl Eugene Bowman v. Louie L. WainwrightCourt of Appeals for the Fifth Circuit · 1972
- Moses Bruno Fryer v. Ellis C. MacDougall Director, Dept. Of Corrections, State of GeorgiaCourt of Appeals for the Fifth Circuit · 1972
1 more not listed; retrieve them via the Exa API.