Brown v. Johnston

Ninth Circuit

Brown v. Johnston

99 F.2d 760, 1938 U.S. App. LEXIS 2983

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 12, 1938

StatusPublished

Cited by11 cases

This text of 99 F.2d 760 (Brown 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

Brown v. Johnston, 99 F.2d 760, 1938 U.S. App. LEXIS 2983 (9th Cir. 1938).

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Opinion

WILBUR, Circuit Judge.

This is a petition for leave to prosecute in forma pauperis an appeal from an order of the District Court denying petitioners’ writ of habeas corpus. Petitioners allege that on their application to proceed on appeal in forma pauperis made to the District Court that court issued an order which certified that the grounds for appeal were in law so frivolous in their nature as to show that petitioners’ appeal was not taken in good. faith.

The right to proceed on appeal in forma pauperis is entirely statutory. Kinney v. Plymouth Rock Squab Co., 236 U. S. 43, 35 S.Ct. 236, 59 L.Ed. 457; Bradford v. Southern Railway Co., 195 U.S. 243, 25 S.Ct. 55, 49 L.Ed. 178, This court has no authority to allow an appeal to be prosecuted in forma pauperis where the trial court-certifies that in its opinion the appeal is not taken in good faith. 28 U.S.C.A. § 832. . See Stanley v. Swope, 9 Cir., 99 F. 2d 308, decided by this court April 12, 1938; In re Wragg, 5 Cir., 95 F.2d 252.

The petition is denied.

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WILBUR, Circuit Judge.

This is a petition for leave to prosecute in forma pauperis an appeal from an order of the District Court denying petitioners’ writ of habeas corpus. Petitioners allege that on their application to proceed on appeal in forma pauperis made to the District Court that court issued an order which certified that the grounds for appeal were in law so frivolous in their nature as to show that petitioners’ appeal was not taken in good. faith.

The right to proceed on appeal in forma pauperis is entirely statutory. Kinney v. Plymouth Rock Squab Co., 236 U. S. 43, 35 S.Ct. 236, 59 L.Ed. 457; Bradford v. Southern Railway Co., 195 U.S. 243, 25 S.Ct. 55, 49 L.Ed. 178, This court has no authority to allow an appeal to be prosecuted in forma pauperis where the trial court-certifies that in its opinion the appeal is not taken in good faith. 28 U.S.C.A. § 832. . See Stanley v. Swope, 9 Cir., 99 F. 2d 308, decided by this court April 12, 1938; In re Wragg, 5 Cir., 95 F.2d 252.

The petition is denied.

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Bluebook (online)

99 F.2d 760, 1938 U.S. App. LEXIS 2983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-johnston-ca9-1938.

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