Squier

De Maurez v. Squier

Good Law
134 F.2d 325·1943 U.S. App. LEXIS 3537
United States Court of Appeals for the Ninth CircuitMarch 9, 1943California643 words

Opinion

Lead Opinion

Garrecht, J.

DeMaurez makes application to this court for leave to prosecute an appeal in forma pauperis. It appears from his motion that he filed a petition for writ of habeas corpus in the court below and was there granted leave to proceed in forma pauperis: that subsequently, without hearing and in the absence of issuance of an order to show cause, his petition for writ was dismissed; that he moved for reconsideration; that he prepared appeal papers, an affidavit of poverty, and a motion for leave to proceed in forma pauperis, which papers he forwarded to the clerk of the court. He states in his application that the lower court had not acted on his motion for reconsideration, or upon his motion for leave to proceed in forma pauperis, and that therefore he makes application to this court. Under the same cover in which he forwarded his motion addressed to this court he enclosed an uncertified copy of an order entered by the court below in his case, which order disposed of his motion for reconsideration by denying the same and also recited that De-Maurez had petitioned the district court on eight separate occasions for issuance of a writ of habeas corpus, all of which were denied, and that the…

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