In re the

Pierce, a prisoner of the United States, applies to me for reconsideration of my denial of his application for a writ of habeas corpus. The basis of the denial was that the sentencing court had denied him relief under Section 2255, title 28, U.S.C., and that under that section such denial precludes his applying for habeas corpus “if it appears that * * * [the sentencing court] has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.”

Pierce argues that the Section 2255 remedy is inadequate in his case because his several motions thereunder have been denied and because he has been “deprived of the right to appeal by denial of a certificate of good faith and permission to proceed in forma pauperis.”

An appeal in forma pauperis is not a right but a privilege the granting of which is within the discretion of the court to which the application is made. Kirby v. Swope, 9 Cir., 1955, 218 F.2d 814 . Clearly the denial of a privilege may not be made the basis for finding the remedy under Section 2255 “inadequate” so as to entitle Pierce to apply for habeas corpus. Where the district court refuses…