Opinion

Brown v. Johnston

  • 99 F.2d 760
  • 1938 U.S. App. LEXIS 2983
Court
Court of Appeals for the Ninth Circuit
Filed
Oct 12, 1938
Status
Published
Author
Wilbur
On the bench
Wilbur
Cited by
9 cases
Authority
More cited than 98.9%

The opinion

WILBUR, Circuit Judge.

This is a petition for leave to prosecute in forma pauperis an appeal from an order of the District Court denying petitioners’ writ of habeas corpus. Petitioners allege that on their application to proceed on appeal in forma pauperis made to the District Court that court issued an order which certified that the grounds for appeal were in law so frivolous in their nature as to show that petitioners’ appeal was not taken in good. faith.

The right to proceed on appeal in forma pauperis is entirely statutory. Kinney v. Plymouth Rock Squab Co., 236 U. S. 43 , 35 S.Ct. 236 , 59 L.Ed. 457 ; Bradford v. Southern Railway Co., 195 U.S. 243 , 25 S.Ct. 55 , 49 L.Ed. 178 , This court has no authority to allow an appeal to be prosecuted in forma pauperis where the trial court-certifies that in its opinion the appeal is not taken in good faith. 28 U.S.C.A. § 832 . . See Stanley v. Swope, 9 Cir., 99 F. 2d 308 , decided by this court April 12, 1938; In re Wragg, 5 Cir., 95 F.2d 252 .

The petition is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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