De Maurez v. Swope

Ninth Circuit

De Maurez v. Swope

100 F.2d 530, 1938 U.S. App. LEXIS 2699

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 23, 1938

StatusPublished

Cited by14 cases

This text of 100 F.2d 530 (De Maurez v. Swope) 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

De Maurez v. Swope, 100 F.2d 530, 1938 U.S. App. LEXIS 2699 (9th Cir. 1938).

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Opinion

PER CURIAM.

In the above entitled matter a petition for writ of habeas corpus addressed to this court is offered for filing, together with an affidavit praying that petitioner be allowed to proceed in forma pauperis. The affidavit does not show that the petitioner is a citizen of the United States; consequently, he cannot proceed in forma pauperis (28 U.S.C.A. § 832). This court, as such, has no power to issue writs of habeas corpus except when necessary for the exercise of its appellate jurisdiction (28 U.S.C.A. § 377; 28 U.S.C.A. § 452, as amended February 13, 1925, 43 Stats. 940; 28 U.S.C.A. § 463(a). This is not such a case.

The clerk is directed to return -to the petitioner the petition tendered.

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PER CURIAM.

In the above entitled matter a petition for writ of habeas corpus addressed to this court is offered for filing, together with an affidavit praying that petitioner be allowed to proceed in forma pauperis. The affidavit does not show that the petitioner is a citizen of the United States; consequently, he cannot proceed in forma pauperis (28 U.S.C.A. § 832). This court, as such, has no power to issue writs of habeas corpus except when necessary for the exercise of its appellate jurisdiction (28 U.S.C.A. § 377; 28 U.S.C.A. § 452, as amended February 13, 1925, 43 Stats. 940; 28 U.S.C.A. § 463(a). This is not such a case.

The clerk is directed to return -to the petitioner the petition tendered.

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Bluebook (online)

100 F.2d 530, 1938 U.S. App. LEXIS 2699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-maurez-v-swope-ca9-1938.

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