Robert Louis Williford v. The People of the State of California, Robert A. Heinze, Warden, Folsom State Prison

In this civil rights action predicated upon 28 U.S.C. § 1343 (3) (1958), and R.S. § 1977 et seq. ( 42 U.S.C. § 1981 [1958] et seq.), judgment of dismissal was entered by the district court, whereupon plaintiff filed in that court a notice of appeal and moved for leaye to appeal in forma pauperis. Acting upon that motion the district court granted plaintiff permission to proceed with an appeal “without the pre-payment of any fees of this Court or its officers.”

The quoted words have the effect of relieving appellant of the necessity of paying the five dollar fee payable in the district court upon filing a notice of appeal, as required by 28 U.S.C. § 1917 (1958). Because of the indicated limitation on the scope of forma pauperis relief granted by the district court, however, appellant was not excused from the necessity of paying the fees and costs assessable in this court in connection with such appeals.

There is a twenty-five dollar docketing fee. See 28 U.S.C. § 1913 (1958), resolution of Judicial Conference of the United States, effective January 1, 1946, following 28 U.S.C.A. § 1913 . And one who is permitted to appeal in this court in forma pauperis may, without additional…