Opinion
No. 9394.
Decided September 26, 1946.
Proceeding by W. Bruce Matthews, United States Marshal for the District of Columbia, for removal of Charles F. Hemans to the jurisdiction of the District Court for the Eastern District of Michigan. From an order of removal, respondent appeals.
On appellant's motion for a stay of execution pending appeal, and on appellee's motion to dismiss the appeal.
Appeal dismissed.
Mr. O.R. McGuire, of Washington, D.C., for appellant.
Messrs. Edward M. Curran, U.S. Atty., Edward Molenof and Leonard M. Coster, Asst. U.S. Attys., all of Washington, D.C., for appellee.
Before GRONER, Chief Justice, and CLARK and WILBUR K. MILLER, JJ.
On motion of appellant for a stay of execution of the order of removal pending hearing and decision on the appeal herein, and on the motion of appellee to dismiss the appeal on the ground that the Court is without jurisdiction to hear an appeal which seeks to test the validity of the warrant of removal on which appellant is now held, It is
Ordered by the Court that this appeal be, and it is hereby, dismissed for lack of jurisdiction. 28 U.S.C.A. § 463(b); U.S. ex rel. Maritote v. McDonnell, 7 Cir., 135 F.2d 342.