Legal Opinion

Francis Noel Hines v. Sargent Pitcher

Court of Appeals for the Fifth Circuit

Decided March 19, 1971No. 30763_1PublishedCited by 4 opinions

1Per curiam

Appellant appeals from an order of the District Court denying his pro se petition to enjoin Louisiana authorities from prosecuting him. We affirm.

This case is ripe for dismissal. If the plaintiff’s characterization of this matter as an injunction against Louisiana officials is accepted, then the appellant’s failure to file a brief warrants dismissal under Local Rule 9(b). If the matter is treated as a petition for writ of habeas corpus, May v. Georgia, 409 F.2d 203 (5th Cir. 1969), then the lack of a certificate of probable cause requires dismissal. McFrederick v. Florida, 261 F.2d 52 (5th…

2Cases cited3 opinions

  1. Smith v. HooeySupreme Court of the United States · 1969
  2. Dickey v. FloridaSupreme Court of the United States · 1970
  3. Clifford T. McFrederick v. State of FloridaCourt of Appeals for the Fifth Circuit · 1958

3Cited by4 opinions

  1. Eddie R. McKibben v. Joe S. Hopper, Warden, Georgia State Prison, Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1978
  2. Lonnie Keith Lee v. Washington Parish, State of LouisianaCourt of Appeals for the Fifth Circuit · 1973
  3. Melvin Junior Welch v. Texas Board of Parole and PardonCourt of Appeals for the Fifth Circuit · 1972
  4. Ronald L. Kennedy v. C. Murray Henderson, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1973

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API