Stout v. Broom, 26768.
Decision Date | 01 April 1969 |
Docket Number | No. 26768.,26768. |
Parties | Lloyd STOUT, Plaintiff-Appellant, v. Sheriff, George A. BROOM, Defendant-Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Lloyd Stout, pro se.
Julian J. Rodrigue, Asst. Dist. Atty., Covington, La., for appellee.
Before BELL, AINSWORTH and GODBOLD, Circuit Judges.
Rehearing and Rehearing En Banc Denied April 1, 1969.
In this pro se case, appellant has failed to file a brief within the time fixed by Rule 31, Federal Rules of Appellate Procedure, and it is therefore appropriate to dispose of this case summarily, pursuant to this Court's local Rule 9(c) (2). The appellant, haxing escaped from an Alabama state prison was apprehended in the State of Louisiana. He sought to avoid extradition to Alabama by filing a petition for habeas corpus in federal court.
After a full evidentiary hearing, the district court denied relief. The court held, in a well-considered memorandum order, that the extradition proceedings in Louisiana state court were valid, and that the appellant was not entitled to a writ of habeas corpus. We agree.
The judgment of the district court is affirmed.
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.
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...by Rule 31, F.R.A.P., and has requested that the case be disposed of summarily pursuant to Rule 9(c) (2) of this Court. Stout v. Broom, 5 Cir. 1969, 406 F.2d 758. The district court denied appellant's motion to vacate sentence pursuant to 28 U.S.C. § 2255. We Clarence Williams was convicted......
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...31, F.R.A.P., and it is therefore appropriate to dispose of this case summarily pursuant to Rule 9(c) (2) of this Court. Stout v. Broom, 5th Cir. 1969, 406 F.2d 758. This is an appeal from the district court's denial without holding an evidentiary hearing of a Motion to Vacate Sentence purs......
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...31, F.R.A.P., and it is therefore appropriate to dispose of this case summarily pursuant to Rule 9(c) (2) of this Court. Stout v. Broom, 5th Cir. 1969, 406 F.2d 758. This appeal is taken from the judgment of the district court denying without an evidentiary hearing a motion to vacate senten......
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...31, F.R.A.P., and it is therefore appropriate to dispose of this case summarily pursuant to Rule 9(c) (2) of this Court. Stout v. Broom, 5th Cir. 1969, 406 F.2d 758. The appeal is taken from the order of the district court denying the motion to vacate sentence filed by a federal convict pur......