Opinion
June 24, 1938.
Appeal from the District Court of the United States for the Northern District of California, Southern Division; Harold Louderback, Judge.
Habeas corpus proceeding by Walter Kelly against James A. Johnston, Warden, United States Penitentiary, Alcatraz, Cal. From an order, 23 F. Supp. 212, denying application for writ of habeas corpus, the petitioner seeks to appeal in forma pauperis.
Leave to proceed in forma pauperis denied.
Walter Kelly, in pro. per.
No other appearances.
Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.
Petitioner seeks to appeal in forma pauperis from an order of the trial court denying his application for writ of habeas corpus and certifying that the grounds of the application were frivolous in their nature, without merit, and not in good faith. Leave to proceed in forma pauperis cannot be granted in view of the certificate of the trial court. 28 U.S.C.A. § 832; Stanley v. Swope, 9 Cir., 99 F.2d 308, April 12, 1938.