Maurez

The petitioner has been before this court on four prior occasions, presenting substantially the same question in each application. DeMaurez v. Swope, Warden, 9 Cir., 100 F.2d 530 ; Id., 9 Cir., 104 F.2d 758 ; Ex parte Demaurez, 9 Cir., 106 F.2d 457 ; Id., unreported memorandum filed October 27, 1939. Three of these petitions were denied as being without merit. It is difficult td discover anything prayed for in this petition which is essentially different from that urged in the numerous prior petitions filed by this petitioner. As near as we can determine, this present petition demands (1) that we issue a writ of habeas corpxts directed to the respondent, or (2) that petitioner be allowed an appeal from an order of a judge of this court, entered August 16, 1939, denying a prior petition for writ of habeas corpus, and (3) an order permitting him to prosecute such appeal in forma pauperis.

(1) Insofar as the petitioner asks the court to grant him a writ of habeas corpus, we must remind the petitioner that “This court, as such, has no power to issue writs of habeas corpus except when necessary for llie exercise of its appellate jurisdiction * * *. This is not such a case.” DeMaurez…