Donald Gene Boag v. L. C. Boies, Sheriff of Maricopa County

Donald Gene Boag appeals from an order of the district court denying his motion for leave to proceed in forma pau-peris in a civil rights complaint against Arizona deputy sheriffs. The reason stated for such denial was that Boag failed to state a claim upon which relief could be granted. We affirm.

Boag is a California prisoner. He alleged in his complaint, invoking 42 U.S. C. §§ 1983 and 1985(3), that in 1966 he was a prisoner at the California Correctional Institute at Chino serving two to fifteen years. During that year he was transported from California to Arizona for trial on various Arizona charges pursuant to an executive agreement between the governors of California and Arizona which provided for his return to California upon completion of the trial. At the time of this transfer to Arizona, he requested but was denied a hearing and the appointment of counsel by the California authorities. He was tried and convicted in Arizona and sentenced to one hundred and sixty-three to two hundred and twelve years consecutive to his California sentence. While his Arizona appeal was pending in 1967, the trial court ordered him remanded to California custody and the defendant deputies…