U.S. Court of Appeals for the Ninth Circuit, 1931

Johnson v. Nickoloff

U.S. Court of Appeals for the Ninth Circuit · Decided October 19, 1931 · Wilbur, Sawtelle, James

52 F.2d 1074; 5 Alaska Fed. 595; 1931 U.S. App. LEXIS 3807 (Federal Reporter, Second Series)

Counsel

Herman Weinberger, of San Francisco, Cal., and Louis K. Pratt, of Fairbanks, Alaska, for petitioner., Albrecht & Taylor, of Fairbanks, Alaska, for respondent.

Cases that cite this one

11 later published cases cite this decision.

United States Ex Rel. Rongetti v. Neelly (7th Cir. 1953)
Nash on Behalf of Takeshi Hashimoto v. MacArthur General of the Army (D.C. Cir. 1950)
Blue v. Hiatt (District Court, M.D. Pennsylvania 1944)
Austin v. United States (District Court, E.D. Illinois 1941)
Johnson v. North Atlantic & Gulf S. S. Co. (District Court, E.D. Pennsylvania 1941)
Smith v. Johnston (9th Cir. 1940)
U. S. ex rel. Consola v. Karnuth (District Court, W.D. New York 1939)
Petition of Sproule (United States District Court for the Southern District of California 1937)
De Groot v. United States (9th Cir. 1937)
Lambert v. Central Bank of Oakland (9th Cir. 1936)
In re Bruning (9th Cir. 1934)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

*1075 PER CURIAM.

This is a motion or petition filed by Justus Johnson, appellant, for leave to prosecute his appeal in forma pauperis under the Act of June 27, 1922, c. 240, 42 Stat. 066 (28 USCA § 832). This statute expressly limits the parties entitled to take advantage of its provisions to “any citizen of the United States entitled to commence any suit or action, civil or criminal, in any court of the United States. * * “ ” The cases uniformly hold that in order to proceed thereunder one must be a citizen of the United States. Volk v. B. F. Sturtevant Co. (C. C. A.) 99 F. 532; The Memphian (D. C.) 245 F. 484; The Bennington (D. C.) 10 F.(2d) 799. Petitioner claims to be a citizen of the United States by reaáon of having filed a declaration of intention to become a citizen on July 15, 1931, and because of long-continued residence in the territory of Alaska, lasting over a period of about twenty years. This is not sufficient, as a person does not become a citizen of the United States until the procedure of naturalization has been fully complied with and an order divesting him of his former nationality and making him a citizen of the United States has been signed by a judge of a court having jurisdiction. 26 Op. Attys. Gen. 611. The petitioner, not being a citizen of the United States, is not entitled to the benefits of the statute which he seeks to invoke, and the petition must for that reason be denied.

There is a further reason for denying this petition, in that there is nothing in the affidavits accompanying the petition showing the grounds upon which he bases his appeal. In this respect there is a failure to comply with the requirements of the statute. Kinney v. Plymouth Rock Squab Co., 236 U. S. 43, 35 S. Ct. 236, 59 L. Ed. 457.

Motion denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.