UNITED STATES of America v. Anna Mary WHITE and Thomas L. White

Third Circuit

UNITED STATES of America v. Anna Mary WHITE and Thomas L. White

316 F.2d 474, 1963 U.S. App. LEXIS 5486

Court of Appeals for the Third Circuit·Decided April 24, 1963·No. 474_1·Published

Opinion

PER CURIAM.

The petitioner, Thomas L. White, seeks to prosecute an appeal in this court in forma pauperis from an order refusing to grant him relief under Section 2255, Title 28, U.S.C. from sentences imposed on him in the court below. An examination of the records indicates, however, *475 that what the petitioner actually seeks is a further hearing in the court below and, in any event, he has not filed a notice of an appeal. For this reason, if for no other, we are without jurisdiction in this case. To grant the petitioner leave to appeal in forma pauperis under these circumstances would be a futile thing. The petition for leave to proceed in forma pauperis in' this court will be denied.

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PER CURIAM.

The petitioner, Thomas L. White, seeks to prosecute an appeal in this court in forma pauperis from an order refusing to grant him relief under Section 2255, Title 28, U.S.C. from sentences imposed on him in the court below. An examination of the records indicates, however, *475 that what the petitioner actually seeks is a further hearing in the court below and, in any event, he has not filed a notice of an appeal. For this reason, if for no other, we are without jurisdiction in this case. To grant the petitioner leave to appeal in forma pauperis under these circumstances would be a futile thing. The petition for leave to proceed in forma pauperis in' this court will be denied.

UNITED STATES of America v. Anna Mary WHITE and Thomas L. White, 316 F.2d 474, 1963 U.S. App. LEXIS 5486 (3d Cir. 1963).

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