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HOOKS v. 4TH DISTRICT COURT OF APPEAL, FLA.

No. 71-1329 Summary Calendar.

442 F.2d 1042 (1971)

Harold Raymond HOOKS, Petitioner-Appellant, v. 4TH DISTRICT COURT OF APPEAL, FLA., and State of Florida, and Walter Colbaith, etc., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

May 13, 1971.

Attorney(s) appearing for the Case

Harold R. Hooks, pro se.

Robert L. Shevin, Atty. Gen. of Fla., Tallahassee, Charles W. Musgrove, Asst. Atty. Gen., Walter Colbaith, Palm Beach County Public Defender, West Palm Beach, Fla., for respondents-appellees.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

This appeal is taken from an order denying the petition of a Florida prisoner for the writ of habeas corpus. We dismiss the appeal.

An appeal from an order of the district court denying the writ of habeas corpus may not be taken unless that district court issues a certificate of probable cause to appeal, or this Court grants such certificate, 28 U.S.C. § 2253. Appellant has failed to apply for such certificate. Therefore, this Court is without...

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