Kelly v. Johnston

Ninth Circuit Court of Appeals

Decided June 24, 1938.

Ninth Circuit Court of Appeals · decided 1938-06-24

Cited by 5 later decisions — most recently February 1947

4 federal appellate ·

2 counsel of record

Relies on Stanley v. Swope

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1938-06-24

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¶1Walter Kelly, in pro. per.

¶2No other appearances.

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

¶4PER CURIAM.

¶5' Petitioner seeks to appeal in forma pauperis from an order of the trial court denying his application for writ of habeas corpus and certifying that the grounds of the application were frivolous in their nature, without merit, and not in good faith. Leave to proceed in forma pauperis cannot *583be granted in view of the certificate of the trial court. 28 U.S.C.A. § 832; Stanley v. Swope, 9 Cir., 99 F.2d 308, April 12, 1938.