Opinion
No. 3064.
October 16, 1935.
Appeal from the District Court of the United States for the District of Massachusetts; Hugh D. McLellan, Judge.
Habeas corpus proceeding by John H. Wilson against Frank J. Lanagan, warden. From an order dismissing the petition and denying the writ, the petitioner appeals.
Appeal dismissed.
John H. Wilson, pro se.
James J. Bacigalupo, Asst. Atty. Gen., of Massachusetts (Paul A. Dever, Atty. Gen., of Massachusetts, on the brief), for appellee.
Before BINGHAM and MORTON, Circuit Judges, and PETERS, District Judge.
This is an appeal from an order or judgment of May 22, 1935, of the federal District Court for Massachusetts dismissing a petition for writ of habeas corpus and denying the writ. It appears that the petitioner is held under process of the state court and that there is no certificate of probable cause as is now required in such a case to authorize this court to entertain jurisdiction. USCA, title 28, § 466 ( 43 Stat. 940, § 6(d), Act March 10, 1908, c. 76 ( 35 Stat. 40). See Bilik v. Strassheim, 212 U.S. 551, 29 S. Ct. 684, 53 L. Ed. 649; Ex parte Patrick, 212 U.S. 555, 29 S. Ct. 686, 53 L. Ed. 650; Comerford v. Hogsett, 79 F.2d 486, decided by this court October 16, 1935.
The appeal is dismissed for want of jurisdiction.