John v. Gibson

270 F.2d 36 Bert W. JOHN, Appellant, v. Hon. Phil S. GIBSON, Chief Justice, Supreme Court of California, and Associate Justices thereof: John W. Shenk, Royer J. Traynor, Homer R. Spence, Marshall F. McComb, B. Rey Shauer, Jesse W. Carter, Raymond E. Peters, Appellees. Misc. No. 879. United States Court of Appeals Ninth Circuit. Aug. 26, 1959. Bert W. John, in pro. per. No appearances for appellees. Before STEPHENS, ORR, and HAMLEY, Circuit Judges. PER CURIAM. 1 Bert W. John, plaintiff in this civil action for damages, has appealed from an order of the district court denying his motion to proceed in that court in forma pauperis. He moves here for leave to proceed with this appeal in forma pauperis. For the reasons stated below, the motion is denied and the appeal is dismissed. 2 The defendants are the chief justice and individual associate justices of the California Supreme Court. It is alleged in the complaint that John, an inmate of California State Penitentiary at Folsom, California, had three times made proper application to the California Supreme Court for a writ of habeas corpus but that each such application had been denied en banc. Such denials, he alleged, deprived him of…