Application of Raymond C. HODGE, for Certificate of Probable Cause
Opinion
Opinion
Pope, J.
Petitioner has applied to me for a certificate of probable cause pursuant to the provisions of § 2253, Title 28 U.S.C.A., relating to appeals from final orders! in habeas corpus proceedings. He is confined in the California State Prison at Folsom, California, in custody of the Warden pursuant to a life sentence imposed upon him by a California court following his plea of guilty to a charge of murder in the first degree.
Following certain proceedings in the State courts, which are hereafter detailed, in which he sought his release on applications for various writs, he filed his petition for a writ of habeas corpus in the United States District Court for the Northern District of California, Northern Division. With his petition for a writ of habeas corpus ho filed an affidavit and an application for leave to proceed upon that petition in forma pauperis. The affidavit conformed to the requirements of § 1915, Tit. 28, U.S.C.A. The district court denied the application for leave to proceed in forma pauperis on the ground that the petition failed to show that the court had jurisdiction and hence the court was duty bound to terminate the proceedings forthwith.