In the Matter of the Application of Dale A. Dinerstein, for a Writ of Habeas Corpus

The appellant, a prisoner at McNeil Island Penitentiary, serving a sentence imposed by the court below, makes application to us for leave to prosecute this appeal and to proceed in this court in forma pauperis. The trial court has certified in writing that the appeal is not taken in good faith.

The record shows that in the court below the petitioner sought a post-conviction remedy by filing a petition for writ of habeas corpus. Suggesting that the sole remedy was one under Title 28 U.S.C.A. § 2255 , the trial court permitted the application to be treated as one made under that section since petitioner’s original trial and sentence had been in the same court to which the so-called petition for writ of habeas corpus had been addressed.

As appears from petitioner’s application and the exhibits attached thereto, two separate indictments were returned against petitioner, one of them being designated as No. 48,986, and the other as 48,911. The first numbered indictment contained a single count; the second, three counts. The charge in the first indictment was passing and uttering a forged United States Treasury check; the charge in the three counts in the second indictment was having…