Waley v. Johnston
This text of 104 F.2d 760 (Waley 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.
Opinion
Petitioner asks this court to allow an “appeal in forma pauperis” from an order of May 11, 1939, of the United States District Court for the Northern District of California, Southern Division, denying petitioner’s petition for writ of habeas corpus. The District Court certified “that the-grounds for appeal are in law so frivolous-in their nature as to show that the appeal is not taken in good faith, * ' * * ”, In view-[761]*761of this certificate this court cannot allow the petitioner to proceed on appeal in forma pauperis. 28 U.S.C.A. § 832; Stanley v. Swope, 9 Cir., 99 F.2d 308; In re Wragg, 5 Cir., 95 F.2d 252; Brown v. Johnston, 9 Cir., 99 F.2d 760.
Petition denied.
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Cite This Page — Counsel Stack
104 F.2d 760, 1939 U.S. App. LEXIS 4226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waley-v-johnston-ca9-1939.