Leroy Jefferson v. United States of America, Undocketed

Defendant Jefferson moves for leave to pursue his appeal in forma pauperis. 28 U.S.C. § 1915 . His affidavit in support of that motion avers he “is without funds,” and nothing more with respect to his poverty.

Jefferson was placed on $10,000 bond during his trial. He asks for release on bail by separate proceedings heretofore heard, and denied, by this Court. The trial court previously denied bail, stating there “was great danger of the defendant absconding if released on bail.”

At the trial below, the three defendants, in the two cases from the United States District Court for the Southern District of California, were represented by the same counsel presenting this motion. Two of these defendants were admitted to bail after conviction. There is no showing they are not able and prepared 'to pay for and obtain the full transcript in their own two cases. We may presume they are, for no application is filed on their behalf to proceed in forma pauperis. Formerly, when an action was prosecuted for the joint benefit of several persons, each person was required to make the poverty affidavit. But see Adkins v. E. I. Du Pont De Nemours & Co., 1948, 335 U.S. 331 , at page 340, 69 S.Ct. 85…