Eddie R. McKibben v. Joe S. Hopper, Warden, Georgia State Prison, Reidsville, Georgia

Since the district court has not ruled on the appellant’s motion for a certificate of probable cause, this appeal was improvidently docketed. Lacking such certificate, this Court is without jurisdiction to consider the appeal. Rule 22(b), Federal Rules of Appellate Procedure; 28 U.S.C. § 2253; Welch v. Texas Board of Parole and Pardon, 5 Cir. 1972, 460 F.2d 298; Hines v. Pitcher, 5 Cir. 1971, 440 F.2d 792. This Court may not make the initial determination of whether a certificate of probable cause should be granted. Lee v. Washington Parish, 5 Cir. 1973, 476 F.2d 285; Stewart v. Beto, 5 Cir.…