Opinion
May 23, 1939.
Habeas corpus proceeding by Harmon Metz Waley against James A. Johnston, Warden, United States Penitentiary, Alcatraz, California, to obtain release of the petitioner from the custody of the warden. On petition for allowance of appeal in forma pauperis from an order of the district court denying the petition for writ of habeas corpus.
Appeal in forma pauperis denied.
Harmon Metz Waley, in pro. per.
No other appearance.
Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.
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 of 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.