James Francis Hill v. Dr. R. O. Settle, Warden, United States Medical Center for Federal Prisoners, Springfield, Missouri

Eighth Circuit

James Francis Hill v. Dr. R. O. Settle, Warden, United States Medical Center for Federal Prisoners, Springfield, Missouri

244 F.2d 311, 1957 U.S. App. LEXIS 3085

CourtCourt of Appeals for the Eighth Circuit

DecidedMay 7, 1957

Docket311_1

StatusPublished

Cited by5 cases

This text of 244 F.2d 311 (James Francis Hill v. Dr. R. O. Settle, Warden, United States Medical Center for Federal Prisoners, Springfield, Missouri) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

James Francis Hill v. Dr. R. O. Settle, Warden, United States Medical Center for Federal Prisoners, Springfield, Missouri, 244 F.2d 311, 1957 U.S. App. LEXIS 3085 (8th Cir. 1957).

Pincite

Opinion

PER CURIAM.

James Francis Hill, who is confined in the United States Medical Center for Federal Prisoners at Springfield, Missouri, under a sentence imposed by the United States District Court for the Eastern District of Tennessee, has petitioned this Court for leave to prosecute in forma pauperis an appeal from an order of the United States District Court for the Western District of Missouri, entered April 4, 1957, denying his application for a writ of habeas corpus. It appears that Hill had previously exhausted his remedies under 28 U.S.C. § 2255. The District Court granted him leave to file a notice of appeal in forma pauperis, but denied him leave to proceed further as a poor person, certifying that the appeal is without merit and not taken in good faith.

Title 28 U.S.C. § 1915(a), which authorizes proceedings in forma pauperis on appeal, provides that “An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.”

There is no showing that the certification of the trial court in this case was not made in good faith or that it was unwarranted. See Wells v. United States, 318 U.S. 257, 259, 63 S.Ct. 582, 87 L.Ed. 746. In fact, the files and records of the District Court, which we have examined, demonstrate the contrary, and disclose that Hill has had his full day in court.

In support of his petition, Hill cites Johnson v. United States, 352 U.S. 565, *312 77 S.Ct. 550, 1 L.Ed.2d 593. That case ís inapplicable to his situation, since he is not seeking to appeal in forma pauperis from a judgment of conviction, but is attempting to have vacated the sentence under which he is in custody, an d from which he did not appeal. See and compare Gershon v. United States, 8 Cir., 243 F.2d 527.

The petition of Hill for leave to proceed in forma pauperis on appeal is denied.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

James Francis Hill, who is confined in the United States Medical Center for Federal Prisoners at Springfield, Missouri, under a sentence imposed by the United States District Court for the Eastern District of Tennessee, has petitioned this Court for leave to prosecute in forma pauperis an appeal from an order of the United States District Court for the Western District of Missouri, entered April 4, 1957, denying his application for a writ of habeas corpus. It appears that Hill had previously exhausted his remedies under 28 U.S.C. § 2255. The District Court granted him leave to file a notice of appeal in forma pauperis, but denied him leave to proceed further as a poor person, certifying that the appeal is without merit and not taken in good faith.

Title 28 U.S.C. § 1915(a), which authorizes proceedings in forma pauperis on appeal, provides that “An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.”

There is no showing that the certification of the trial court in this case was not made in good faith or that it was unwarranted. See Wells v. United States, 318 U.S. 257, 259, 63 S.Ct. 582, 87 L.Ed. 746. In fact, the files and records of the District Court, which we have examined, demonstrate the contrary, and disclose that Hill has had his full day in court.

In support of his petition, Hill cites Johnson v. United States, 352 U.S. 565, *312 77 S.Ct. 550, 1 L.Ed.2d 593. That case ís inapplicable to his situation, since he is not seeking to appeal in forma pauperis from a judgment of conviction, but is attempting to have vacated the sentence under which he is in custody, an d from which he did not appeal. See and compare Gershon v. United States, 8 Cir., 243 F.2d 527.

The petition of Hill for leave to proceed in forma pauperis on appeal is denied.

Cite This Page — Counsel Stack

Bluebook (online)

244 F.2d 311, 1957 U.S. App. LEXIS 3085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-francis-hill-v-dr-r-o-settle-warden-united-states-medical-ca8-1957.

Opinion

Related

Cite This Page — Counsel Stack