[Download] "Roscoe v. Hunter" by United States Court of Appeals for the Tenth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Roscoe v. Hunter
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 24, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Petitioner seeks permission of this court to appeal in forma pauperis from an order of the United States District Court, State of Kansas, denying him the right to file a petition for a writ of habeas corpus and to proceed therein without payment of costs. Petitioner attempted to proceed in forma pauperis in the District Court under the provisions of 28 U.S.C.A. § 832, which provides that a poor person may commence his action "upon the order of the court," and that he may appeal to the Circuit Court of Appeals "unless the trial court shall certify in writing that in the opinion of the court such appeal or writ of error is not taken in good faith." He was denied the right to proceed in forma pauperis in the District Court on the ground that his petition was without merit and that he should not be allowed to proceed at the expense of the government. In due time the petitioner presented to the District Court his Application for Leave to Appeal in Forma Pauperis. The District Court, after reviewing the files, denied the application and certified that the proposed appeal "is not taken in good faith, is frivolous, and is without merit."