Avelino

Avelino v. People

Good Law
173 F.2d 28·1949 U.S. App. LEXIS 2808
United States Court of Appeals for the Ninth CircuitMarch 4, 1949California111 words

Lead Opinion

Appellant, William Walter Avelino, filed a petition in the District Court, complaining of his detention by the warden of the California State Prison at Folsom, California, and praying for a writ of habeas corpus. The detention arose out of process issued by a State court of California. The District Court entered a final order denying the petition. Appellant has filed a notice of appeal and has applied to this court for leave to prosecute the appeal in forma pauperis. No certificate of probable cause has been issued. See 28 U.S.C.A. § 2253 . Instead, the District Judge has certified that there is no probable cause. Therefore the ap-. plication is denied.