Bayless v. Johnston

Ninth Circuit

Bayless v. Johnston

127 F.2d 531, 1942 U.S. App. LEXIS 3920

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 20, 1942

StatusPublished

Cited by3 cases

This text of 127 F.2d 531 (Bayless v. Johnston) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bayless v. Johnston, 127 F.2d 531, 1942 U.S. App. LEXIS 3920 (9th Cir. 1942).

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Opinion

WILBUR, Circuit Judge.

This is a petition for leave to appeal in forma pauperis from an order of the Dis[532]*532trict Court dismissing a petition for a writ of habeas corpus. Petitioner alleges that application for leave to proceed on appeal in forma pauperis has been made to the District Court and denied by it. Petitioner does not state whether or not the District Court has certified that the appeal is not taken in good faith. Such showing is required by the holding in Smith v. Johnston, 9 Cir., 109 F.2d 152, 155.

Application is denied.

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WILBUR, Circuit Judge.

This is a petition for leave to appeal in forma pauperis from an order of the Dis[532]*532trict Court dismissing a petition for a writ of habeas corpus. Petitioner alleges that application for leave to proceed on appeal in forma pauperis has been made to the District Court and denied by it. Petitioner does not state whether or not the District Court has certified that the appeal is not taken in good faith. Such showing is required by the holding in Smith v. Johnston, 9 Cir., 109 F.2d 152, 155.

Application is denied.

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Bluebook (online)

127 F.2d 531, 1942 U.S. App. LEXIS 3920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bayless-v-johnston-ca9-1942.

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