Kirby v. Swope
218 F.2d 814
Court of Appeals for the Ninth Circuit·Decided January 18, 1955·No. Misc. No. 407·Published·Cited by 4 cases
Opinion
Kirby was denied an appeal forma pau-peris from an order dismissing his application for a writ of habeas corpus, Judge Goodman certifying that the appeal is without merit and not taken in good faith.
He asks this court’s order to command Judge Goodman to allow an appeal. The allowance of an appeal forma pauperis is within the discretion of the court applied to and an appeal forma pauperis may not be taken if the trial court certifies it is not taken in good faith. 28 U.S.C. § 1915.
The petition is dismissed.
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Kirby v. Swope, 218 F.2d 814 (9th Cir. 1955).
218 F.2d 814 (Kirby v. Swope) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Paul Rodger Weller v. Fred H. Dickson, Andrew Emmitte Pope v. Richard A. McGee
314 F.2d 598 (Ninth Circuit, 1963)
Matter of the Application of Clayton C. Pierce, for a Writ of Habeas Corpus
246 F.2d 902 (Ninth Circuit, 1957)
John E. Kirby v. E. B. Swope, Warden, United States Penitentiary, Alcatraz, California
218 F.2d 814 (Ninth Circuit, 1955)