Lamson

The petition for leave to appeal is denied.

The statute regulating appeals from decisions in habeas corpus proceedings provides that such appeals shall only be allowed where the judge allowing it certifies that there is probable cause for the allowance. 28 U.S.C.A. § 466 . No showing has been made which would justify such a certificate, and no claim is made that such a showing has been made.

The petitioner claims that he is entitled to appeal from the order denying him a writ of habeas corpus cum causa as a matter of right and that the allowance of the appeal is pro forma. This contention is predicated upon the statement that the writ applied for is something entirely different and distinct from the ordinary writ of habeas corpus — so distinct, in fact, that the statute regulating appeals in habeas corpus matters does not apply. On this assumption, however, the petitioner cites no statute or decision holding that such an order is appealable.

The decision relied upon by the petitioner in that regard is a recent decision by the Circuit Court of Appeals of the First Circuit, Millen v. Capen, 74 F.(2d) 342 . That decision does not hold that the order denying the writ of habeas…