U.S. Court of Appeals for the Ninth Circuit, 1939

Waley v. Johnston

U.S. Court of Appeals for the Ninth Circuit · Decided May 23, 1939

104 F.2d 760; 1939 U.S. App. LEXIS 4226 (Federal Reporter, Second Series)

Counsel

Harmon Metz Waley, in pro. per., No other appearance.

Cases that cite this one

5 later published cases cite this decision.

J. A. H. Barkeij v. Ford Motor Co. (9th Cir. 1956)
Aninos v. Maguire (6th Cir. 1942)
Murrey v. United States (8th Cir. 1942)
Holiday v. Johnston (9th Cir. 1941)
McGrew v. Johnston (9th Cir. 1941)

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 of the Court

PER CURIAM.

Petitioner asks this court to allow an “appeal in forma pauperis” from an order of May 11, 1939, of the United States District Court for the Northern District of California, Southern Division, denying petitioner’s petition for writ of habeas corpus. The District Court certified “that the-grounds for appeal are in law so frivolous-in their nature as to show that the appeal is not taken in good faith, * ' * * ”, In view-*761of this certificate this court cannot allow the petitioner to proceed on appeal in forma pauperis. 28 U.S.C.A. § 832; Stanley v. Swope, 9 Cir., 99 F.2d 308; In re Wragg, 5 Cir., 95 F.2d 252; Brown v. Johnston, 9 Cir., 99 F.2d 760.

Petition denied.

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