# Brown v. Johnston

> Court of Appeals for the Ninth Circuit · October 12, 1938 · 99 F.2d 760

URL: https://www.frixlaw.com/law-library/cases/6875165

## Case

- **Full name:** BROWN v. JOHNSTON, Warden
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** October 12, 1938
- **Citations:** 99 F.2d 760; 1938 U.S. App. LEXIS 2983
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Wilbur
- **Judges:** Wilbur
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6875165

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6875165. Public record. Not legal advice.