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Frank Payne, Martha Payne v. United States
The district court found for the plaintiff, and we reversed its determination of negligence, after presumably following Circuit precedent and applying a de novo standard of review. 207 F.2d 952, 954 (2d Cir. 1953).
Retrieving the full opinion text from the archive…
Dunlap
v.
Ellis
v.
Ellis
14595_1.
Court of Appeals for the Fifth Circuit.
Nov 24, 1953.
Erwin K. Stork, Austin, Tex., for appellant., Willis E. Gresham, Asst. Atty. Gen. of Tex., for appellee.
Hutcheson, Borah, Rives.
Published
PER CURIAM.
This is an attempt to appeal from an order refusing to issue the writ of habeas corpus as prayed for by a prisoner seeking release from State custody were he is held pursuant to State process. The district judge permitted the appeal in forma pauperis, but declined to issue a certificate of probable cause.
Upon our examination of the record to determine whether such a certificate should be issued and the appeal allowed, we find that the contentions made are without merit. We, therefore, decline to issue a certificate of probable cause, and accordingly dismiss the appeal.
Dismissed.