Holiday v. Johnston

Ninth Circuit Court of Appeals

Decided Nov. 21, 1941.

Ninth Circuit Court of Appeals · decided 1941-11-21

Cited by 3 later decisions — most recently May 1948

2 federal appellate ·

2 counsel of record

Relies on Ferguson v. Swope · Brown v. Johnston · England v. Ducasse

Good law ✅— No negative treatment on recordhow we know

Decided 1941-11-21

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¶1 *868Forrest Holiday, of Alcatraz, Cal., in pro. per., for petitioner.

¶2No other appearances entered.

¶3Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.

¶4WILBUR, Circuit Judge.

¶5The petitioner asks leave to proceed on appeal in forma pauperis, after denial of a similar application by the District Court, which certified that the appeal was not taken in good faith.

¶6This court has no power to allow the application where the District Court so certifies. The appeal is a matter of right, but the right to proceed without the payment of costs is regulated by statute. 28 U.S.C.A. § 832; Brown v. Johnston, 9 Cir., 99 F.2d 760; Waley v. Johnston, 9 Cir., 104 F.2d 760; Smith v. Johnston, 9 Cir., 109 F.2d 152, 156.

¶7Application denied.