Frankie Lee Clements v. Louie L. Wainwright

This is an appeal by a prisoner in state custody of denial of a 28 U.S.C.A. § 2254 (West 1977) petition. The district court issued an order certifying the appeal to be taken in good faith and allowing the appeal in forma pauperis; however, the district court has not acted on appellant’s motion for certification of probable cause filed six days after notice of appeal was filed.

Since the district court has not ruled on the appellant’s motion for a certificate of probable cause, this appeal was improvidently docketed. An appeal may not proceed until a certificate of probable cause is issued.…