From Casetext: Smarter Legal Research

Bates v. Johnston

Circuit Court of Appeals, Ninth Circuit
Sep 29, 1943
138 F.2d 160 (9th Cir. 1943)

Opinion

September 29, 1943.

Upon Petition for leave to Appeal in Forma Pauperis.

Petition by A.L. Bates against James A. Johnston, as Warden, United States Penitentiary, Alcatraz, California, for leave to appeal in forma pauperis from a judgment of the United States District Court for the Northern District of California.

Petition denied.

A.L. Bates, in pro. per.

No other appearances were entered.

Before DENMAN and MATHEWS, Circuit Judges.


Applicant seeks our order to allow him, without payment of costs, to prosecute his appeal from judgment of the United States District Court for the Northern District of California, filing with his petition the affidavit required by 28 U.S.C.A. § 832. The application alleges that a similar application to the district court denied him the right so to proceed because his appeal lacked the merit required also by § 832.

The permission to appeal rests with the court in which was commenced the proceeding in which the appeal is sought. Cf. Steffler v. United States, 319 U.S. 38, 41, 63 S.Ct. 948, 87 L.Ed. 1197; Stanley v. Swope, 9 Cir., 99 F.2d 308; Kelly v. Johnston, 9 Cir., 99 F.2d 582.

The petition is denied.


Summaries of

Bates v. Johnston

Circuit Court of Appeals, Ninth Circuit
Sep 29, 1943
138 F.2d 160 (9th Cir. 1943)
Case details for

Bates v. Johnston

Case Details

Full title:BATES v. JOHNSTON

Court:Circuit Court of Appeals, Ninth Circuit

Date published: Sep 29, 1943

Citations

138 F.2d 160 (9th Cir. 1943)

Citing Cases

Spruill v. Temple Baptist Church

Whatever may constitute a sufficient showing within the meaning of the language of the Supreme Court in the…