BURGESS v. WARDEN, MARYLAND HOUSE OF CORRECTION

No. 8252.

284 F.2d 486 (1960)

Earlie BURGESS, Appellant, v. WARDEN, MARYLAND HOUSE OF CORRECTION, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 18, 1960.


SOBELOFF, Chief Judge.

Earlie Burgess, an inmate of the Maryland House of Correction, filed two petitions for writs of habeas corpus in the United States District Court for the District of Maryland. The court denied both petitions, and denied the certificate of probable cause required as a prerequisite for appeal under 28 U.S.C.A. § 2253, but allowed the petitioner to appeal in forma pauperis.

Where a District Court denies a state prisoner his petition...

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