Mason v. Smith

WILBUR, Circuit Judge.

The petitioner presents to me as Senior Circuit Judge, an application for certificate of probable cause under the provisions of 28 U.S.C.A. §. 466, which requires such a certificate as a basis for an appeal without which the court of appeals has no jurisdiction of the appeal. Schenk v. Plummer, 9 Cir., 113 F.2d 726. A similar application was made for a certificate to the United States District Court for the Eastern District of Washington which had made the order denying the petitioner a writ of habeas corpus from which the petitioner sought to take an appeal. That court…