United States ex rel. Rheim v. Foster

The appellant, who is in custody pursuant to a judgment of a court of the state of New York, desires to appeal from an order of Judge Brennan denying his petition for a writ of habeas corpus. Judge Brennan refused to issue a certificate of probable cause. This precludes an appeal from denial of the writ unless such a certificate can be obtained from “a circuit justice or judge.” 28 U.S.C.A. § 2253; Edmonson v. Swenson, 4 Cir. 1948, 165 F.2d 432. U. S. ex rel. Ristich v. Ragen, 7 Cir. 1947, 162 F.2d 180. The applicant has applied to our court for the issuance of a certificate of probable…