Application of Marion

Petitioner herein seeks to proceed forma pauperis in a claimed appeal and for other relief. His petition alleges that he commenced in the United States District Court for the District of Nevada a proceeding seeking a writ of detinue to produce certain records alleged to have been stolen from him and suppressed by the United States Attorney; that District Judge Foley granted petitioner the right to prosecute his action in forma pauperis; that upon Judge Foley’s disqualifying himself, District Judge Lemmon was designated to sit in his place; that a motion to dismiss was filed, which was granted on September 20, 1949; that on September 26, 1949, petitioner sent to the clerk his notice of appeal which was received by the clerk, who refused to file it unless the filing fee of $5.00 was paid.

It is further alleged that on October 7th, Judge Lemmon issued a certificate stating that in his opinion there is no merit to the appeal and that it is not taken in good faith.

Section 1915(a), Title 28 of the Judicial Code provides:

It is apparent that the giving of a notice of appeal to the clerk was for an appeal forma pauperis. The certificate that it is not taken in good faith requires us…