Summary
In Commonwealth of Pennsylvania ex rel. Ricks v. Maroney, 314 F.2d 339 (3 Cir.), cert. denied sub nom. Ricks v. Maroney, 374 U.S. 816, 83 S.Ct. 1711, 10 L.Ed.2d 1039 (1963), another panel denied per curiam an application for a certificate of probable cause because it was lodged with our Clerk more than thirty days after the denial of the petition for habeas corpus.
Summary of this case from Fitzsimmons v. YeagerOpinion
Submitted February 4, 1963.
Decided February 20, 1963.
John W. Ricks, pro se.
Richard E. McCormick, Dist. Atty., Greensburg, for respondent.
Before KALODNER, STALEY and SMITH, Circuit Judges.
This matter is before the court on a petition for a certificate of probable cause, 28 U.S.C. § 2253, and for leave to appeal in forma pauperis, 28 U.S.C. § 1915(a). The petition was lodged with the Clerk of this Court on January 22, 1963, and seeks leave to appeal from an order entered by the district court on December 19, 1962. The time for appeal having expired before the petition was so lodged, a certificate of probable cause may not issue. Ex parte Farrell, 1 Cir., 189 F.2d 540, cert. den. Farrell v. O'Brien, (1951) 342 U.S. 839, 72 S.Ct. 64, 96 L.Ed. 634. The petition will be dismissed.