Hopson v. Smyth, 6084.
| Decision Date | 14 June 1950 |
| Docket Number | No. 6084.,6084. |
| Citation | 182 F.2d 936 |
| Parties | HOPSON v. SMYTH. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Bud Hopson, pro se.
Frederick T. Gray, Assistant Attorney General of Virginia (J. Lindsay Almond, Jr., Attorney General of Virginia, on brief), for appellee.
Before PARKER, Chief Judge, DOBIE, Circuit Judge, and WYCHE, District Judge.
This is an appeal in a habeas corpus case. The appellant is held in custody under the judgment of a Virginia state court; and it appears not only that there is no merit in his petition but also that he has not exhausted his remedies under state law. The order of the lower court would, therefore, be affirmed if the appeal were properly before us. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587; Washington v. Smyth, 4 Cir., 167 F.2d 658. It is not properly before us, however, because not supported by a certificate of probable cause as required by 28 U.S.C.A. § 2253, and must accordingly be dismissed. Bernard v. Brady, 4 Cir., 164 F.2d 881.
Appeal dismissed.
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Harris v. Ellis, 14445.
...of the district court is not reviewable by this court. Brite v. People of the State of California, 9 Cir., 178 F.2d 925; Hopson v. Smyth, 4 Cir., 182 F.2d 936; Ex parte Farrell, 1 Cir., 189 F.2d 540, 543. We take this opportunity, however of saying that we find in the record no adequate bas......
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Lyle v. Eidson, 14493.
...absence of the issuance of a certificate of probable cause, the order of the District Court is not reviewable by this Court. Hopson v. Smyth, 4 Cir., 182 F.2d 936; Tann v. Smyth, 4 Cir., 182 F.2d 939; Brite v. People of State of California, 9 Cir., 178 F.2d 925; Ex parte Farrell, 1 Cir., 18......
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