Harris v. Ellis, 194 F.2d 604 (5th Cir. 1952)

This appeal is from a final order 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. Under the provisions of Section 2253, Title 28 U.S.C., a certificate of probable cause is a jurisdictional prerequisite to such an appeal. The appellant does not present such certificate but, on the contrary, there appears in the record an order of the district judge denying such certificate.

The record standing thus, and the judges of this court, after an examination of the record, being of the opinion that the district court rightly denied the petition¹  and that upon the authority of Ex parte Hawk, 321 U.S. 114, 116, 117, 64 S. Ct. 448, 88 L. Ed. 572; White v. Ragen, 324 U.S. 760, 764, 65 S. Ct. 978, 89 L. Ed. 1348; Darr v. Burford, 339 U.S. 200, 203, 204, 70 S. Ct. 587, 94 L. Ed. 761, there exists no probable cause for an appeal, and declining to issue such certificate, the appeal is dismissed for want of jurisdiction.