Bayless v. Johnston

Ninth Circuit Court of Appeals

Decided April 20, 1942.

Ninth Circuit Court of Appeals · decided 1942-04-20

Cited by 2 later decisions (1 by the Supreme Court) — most recently April 1962

1 district ·

2 counsel of record

Relies on Ferguson v. Swope

Good law ✅— No negative treatment on recordhow we know

Decided 1942-04-20

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¶1John Richard Bayless, in propria persona, for appellant.

¶2No other appearances entered.

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

¶4WILBUR, Circuit Judge.

¶5This 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.

¶6Application is denied.