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124 F.2d 432

McGrew v. Johnston

Ninth Circuit Court of Appeals

Decided Dec. 23, 1941.

Ninth Circuit Court of Appeals · decided 1941-12-23

Cited by 2 later decisions — most recently January 1944

2 federal appellate ·

2 counsel of record

Relies on Ferguson v. Swope · Stanley v. Swope · Brown v. Johnston

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1941-12-23

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¶1*433Sam McGrew, in propria persona, for petitioner.

¶2No other appearances were entered.

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

¶4PER CURIAM.

¶5Petitioner seeks leave to prosecute an appeal in forma pauperis in this court from an order of the District Court denying his application for writ of habeas corpus. A similar application to the trial court was denied. The trial court certified: “As no merit is shown in the proposed appeal, this court certifies that the appeal is so frivolous as to show it was not taken in good faith, 28 U.S.C.A. § 832, and it is therefore denied. DeGroot v. United States [9 Cir.], 88 F.2d 624, Waley v. Johnston [9 Cir.], 104 F.2d 760.” Under these circumstances this court has no authority to grant the application. Parker v. Johnston, 9 Cir., 109 F.2d 157; Waley v. Johnston, 9 Cir., 104 F.2d 760; Brown v. Johnston, 9 Cir., 99 F.2d 760; Kelly v. Johnston, 9 Cir., 99 F.2d 582; Stanley v. Swope, 9 Cir., 99 F.2d 308; In re Rolfe, 9 Cir., 97 F.2d 338; Smith v. Johnston, 9 Cir., 109 F.2d 152.

¶6Application denied.

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