Melvin Junior Welch v. Texas Bd. of Parole & Pardon, 460 F.2d 298 (5th Cir. 1972).
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Melvin Junior Welch v. Texas Bd. of Parole & Pardon, 460 F.2d 298 (5th Cir. 1972). Book View Copy Cite
Melvin Junior WELCH, Petitioner-Appellant,
v.
TEXAS BOARD OF PAROLE AND PARDON, Respondent-Appellee
72-1361.
Court of Appeals for the Fifth Circuit.
May 31, 1972.
460 F.2d 298
Melvin Junior Welch, pro se., Crawford C. Martin, Atty. Gen. of Tex., Roland Daniel Green, III, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.
Bell, Dyer, Clark.
Cited by 2 opinions  |  Published
PER CURIAM:

Appellant’s petition to the district court in which he sought discharge from a Texas, state detainer was dismissed as being frivolous.

In the absence of a certificate of probable cause, as is the case here, we are without jurisdiction to entertain his appeal. Hooks v. 4th District Court of Appeal, Fla., 5 Cir., 1971, 442 F.2d 1042; Hines v. Pitcher, 5 Cir., 1961, 440 F.2d 792. Cf. Stewart v. Beto, 5 Cir., 1971, 451 F.2d 185. There has been no application to the district court for a certificate of probable cause despite notice to appellant of the jurisdictional defect. The appeal will therefore be and it is

Dismissed.