United States District Court for the Northern District of California, 1939

In re Stewart

In re Stewart
United States District Court for the Northern District of California · Decided March 21, 1939 · Sure
1 F.R.D. 105; 1 Fed. R. Serv. 647; 1939 U.S. Dist. LEXIS 1651
In re Stewart

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

ST. SURE, District Judge.

Petitioner asks leave to file in forma pauperis under the provisions of 28 U.S.C. A. § 832 an application for a writ of mandamus. The petition fails to disclose a meritorious cause of action (Phillips v. McCauley, 9 Cir., 92 F.2d 790), and besides writs of mandamus have been abolished by 81(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The application is therefore denied.

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