Kranz v. United States District Court of New Jersey
Kranz v. United States District Court of New Jersey
Opinion of the Court
The petitioner, Carl Kranz, a prisoner at the United States Penitentiary, Lewisburg, Pennsylvania, previously filed an application for writ of habeas corpus, which was
The necessity for any particular record could not be ascertained until a proceeding is properly before the court; even assuming that on an application in forma pauperis the proper official of another court might be directed to furnish the same.
Petitioner’s application to proceed in for-ma pauperis is allowed. His petition for writ of mandamus is denied for the reason that this Court is without jurisdiction to entertain the same.
Kranz v. Hiatt, D.C.M.D.Pa., 70 F.Supp. 869, affirmed, 3 Cir., 163 F.2d 1018.
The propriety of such a writ under Federal Rules of Civil Procedure, rule 81(b), 28 U.S.C.A. following section 723c, is discussed in opinion this day filed by this Court in Re Joseph Feyerchak v. W. H. Hiatt, Warden, D.C., 7 F.R.D. 726.
The Committee on Habeas Corpus in Section 7 of a draft of a procedural statute (designated “Statute B”) has proposed that where permission has been granted to prosecute an application for writ of habeas corpus in forma pauperis, “the clerk of any court of the United States shall furnish to the petitioner without cost certified copies of such documents or parts of the record on file in his office as may be required by order of the judge before whom the application is pending.” This, however, would not cover a situation such as that now before us.
See discussion in re Joseph Feyerchak v. W. H. Hiatt, Warden, D.C., 7 F.R.D. 726, filed in this Court this day.
Reference
- Full Case Name
- KRANZ v. UNITED STATES DISTRICT COURT FOR DISTRICT OF NEW JERSEY
- Status
- Published