Opinion
September 29, 1943.
Upon Application for leave to Appeal in Forma Pauperis.
Proceeding by Clarance L. Batson against P.J. Squier, as warden of the U.S. Penitentiary at Mc Neil Island. Judgment was for defendant. On application for leave to appeal in forma pauperis.
Application denied.
Clarance L. Batson, 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 a judgment of the District Court for the Western District of Washington, filing with his application 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 application is denied.