Charles Henry Stewart v. Dr. George J. Beto, Director, Texas Department of Corrections

BELL, Circuit Judge:

Appellant, a Texas state prisoner, sought federal habeas corpus relief from judgments of conviction entered on pleas of guilty to indictments for robbery. There was no evidentiary hearing in the district court, the matter having been determined adversely to appellant on the pleadings and record by a magistrate whose recommendations were adopted by the district court as its order.

We are faced at the outset with the fact that there has been no ruling by a district judge on an application for a certificate of probable cause as required by 28 U.S.C.A. § 2253. 1 Thus, the…