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.