U.S. Court of Appeals for the Ninth Circuit, 1942

Bayless v. Johnston

U.S. Court of Appeals for the Ninth Circuit · Decided April 20, 1942 · Garrecht, Mathews, Wilbur

127 F.2d 531; 1942 U.S. App. LEXIS 3920 (Federal Reporter, Second Series)

Opinion of the Court

WILBUR, Circuit Judge.

This is a petition for leave to appeal in forma pauperis from an order of the Dis*532trict Court dismissing a petition for a writ of habeas corpus. Petitioner alleges that application for leave to proceed on appeal in forma pauperis has been made to the District Court and denied by it. Petitioner does not state whether or not the District Court has certified that the appeal is not taken in good faith. Such showing is required by the holding in Smith v. Johnston, 9 Cir., 109 F.2d 152, 155.

Application is denied.

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