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ROOKS v. ELLIS

No. 14357.

202 F.2d 640 (1953)

ROOKS v. ELLIS.

United States Court of Appeals Fifth Circuit.

March 17, 1953.

Attorney(s) appearing for the Case

No appearance entered on behalf of appellant.

Willis E. Gresham, Asst. Atty. Gen. of Texas, John Ben Shepperd, Atty. Gen. of Texas, for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.

PER CURIAM.

This is an appeal from a final order entered by a court of the United States in a habeas corpus proceeding where the detention complained of arises out of process issued by a state court.

In addition to denying the petition for the writ, the district judge declined to issue the certificate of probable cause which, under Sec. 2253, Title 28 U.S.C.A., is a judicial prerequisite to such an appeal.

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