Lara v. Nelson

1 Citing case

  1. Gardner v. Pogue

    558 F.2d 548 (9th Cir. 1977)   Cited 659 times
    Holding that an indigent appellant is permitted to proceed IFP on appeal only if the appeal would not be frivolous

    Although the decisions did not discuss the weight they gave to the leave to appeal in forma pauperis, they have been described as viewing "the orders permitting the appeals in forma pauperis as tantamount to the issuance of certificates of probable cause." Lara v. Nelson, 449 F.2d 323, 324 (9th Cir. 1971) (Kilkenny, J., concurring). Several factors make these decisions poor precedent, however.