A. B. Farmer, Petitioner, Appellant, v. Orel J. Skeen, Warden of the West Virginia State Penitentiary, Moundsville, West Virginia, Respondent, Appellee, 222 F.2d 948 (4th Cir. 1955)

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US Court of Appeals for the Fourth Circuit - 222 F.2d 948 (4th Cir. 1955) Argued May 23, 1955
Decided May 25, 1955

No attorney or brief for appellant.

T. D. Kauffelt, Asst. Atty. Gen. (John G. Fox, Atty. Gen., of West Virginia, on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.


This is an appeal from an order dismissing a petition for a writ of habeas corpus by a prisoner serving a sentence under the judgment of a West Virginia state court. See Farmer v. Skeen, D.C., 125 F. Supp. 549; Ex parte Farmer, 123 W.Va. 304, 14 S.E.2d 910; United States ex rel. Farmer v. Skeen, D.C., 107 F. Supp. 877; Id., 4 Cir., 203 F.2d 950. We have no jurisdiction of the appeal for failure of the appellant to secure the certificate of probable cause required by 28 U.S.C. § 2253. An examination of the record before us shows that that appellant is not entitled to such certificate and that the appeal is without merit.

Appeal dismissed.

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