George H. Heiser v. Edward C. Ellsworth, Jr., Warden of Montana State Prison

U.S. Court of Appeals for the Ninth Circuit
George H. Heiser v. Edward C. Ellsworth, Jr., Warden of Montana State Prison, 416 F.2d 19 (9th Cir. 1969)
1969 U.S. App. LEXIS 10760

George H. Heiser v. Edward C. Ellsworth, Jr., Warden of Montana State Prison

Opinion

PER CURIAM:

This appeal is from an order of the District Court denying Heiser’s motion to proceed in forma pauperis under 28 U.S.C. § 1915. The motion was made ancillary to three complaints by which Heiser sought damages from the Warden of the Montana State Prison and others for the alleged violation of civil rights under 42 U.S.C. § 1983.

Permission for a prisoner to prosecute an action for damages against his jailer in forma pauperis rests in the sound discretion of the trial court and is ordinarily reserved for extraordinary circumstances. Williams v. Field, 394 F.2d 329 (9th Cir. 1968). We see no such circumstances here.

Affirmed.

Reference

Full Case Name
George H. HEISER, Appellant, v. Edward C. ELLSWORTH, Jr., Warden of Montana State Prison, Et Al., Appellees
Cited By
3 cases
Status
Published