Grant H. Eckman v. Donald M. Byington

We are asked by the petitioner, Grant H. Eckman, to grant him leave to appeal in forma pauperis from an order of the district court denying him permission to file a complaint and prosecute an action there without prepayment of fees and costs. The district court certified in writing that the appeal was not taken in good faith within the meaning of 28 U.S.C.A. § 1915 .

A thorough consideration of the matter leads us to the same conclusion as that reached by the court below.

Petitioner is imprisoned in the United States Penitentiary at McNeil Island, Washington, where he is serving a sentence imposed upon him by the Superior Court of Alaska as punishment for the commission of the crime of forgery, a felony under the laws of Alaska. He was taken to the penitentiary on March 31, 1960 following conviction.

The complaint which petitioner unsuccessfully sought to file is entitled, “In the Matter of Application for a Writ of Mandamus” and several requests are made therein for the issuance of that writ; but it is readily apparent from the complaint and petitioner’s statements accompanying his motion that the action is in fact one to secure a writ of habeas corpus. Petitioner contends…