McKIBBEN v. HOPPER

No. 77-1834 Summary Calendar.

565 F.2d 1316 (1978)

Eddie R. McKIBBEN, Petitioner-Appellant, v. Joe S. HOPPER, Warden, Georgia State Prison, Reidsville, Georgia, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 6, 1978.


Attorney(s) appearing for the Case

Robert J. Littlefield (court appointed), Decatur, Ga., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., B. Dean Grindle, Jr., John C. Walden, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee.

Before COLEMAN, GODBOLD, and TJOFLAT, Circuit Judges.


PER CURIAM:

Since the district court has not ruled on the appellant's motion for a certificate of probable cause, this appeal was improvidently docketed. Lacking such certificate, this Court is without jurisdiction to consider the appeal. Rule 22(b), Federal Rules of Appellate Procedure; 28 U.S.C. § 2253; Welch v. Texas Board of Parole and Pardon, 5 Cir. 1972, 460 F.2d 298; ...

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