Opinion · Court of Appeals for the Third Circuit

Commonwealth of Pennsylvania Ex Rel. John W. Ricks v. James F. Maroney, Superintendent State Correctional Institution. Undocketed

Commonwealth of Pa. Ex Rel. John W. Ricks v. James F. Maroney, Superintendent State Corr. Institution. Undocketed, 314 F.2d 339 (3d Cir. 1963)

Type
Opinion
Court
Court of Appeals for the Third Circuit
Jurisdiction
Federal
Date
1963-02-20
Topic
general

PER CURIAM. 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.

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Cited by
4 opinions
PER CURIAM.

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.