Crockett

This is an appeal from an order of the District Court of the United States for the Southern District of California, Northern Division, denying appellant’s petition to proceed in forma pauperis under 28 U.S. C.A. § 832 1 on a motion to vacate a judgment in which he was sentenced to twenty-five years in a penitentiary, which motion appellant claims is in the nature of a proceeding coram nobis.

Appellee contends that the order denying pauper relief is one entirely within the district court’s uncontrolled discretion and therefore there is no merit in the appeal.

We do not agree that we can consider the merits of the court’s action. Assuming that a proceeding coram nobis is an action of which the district court has jurisdiction, we regard the forma pauperis proceeding as an incidental part of the original criminal suit in which appellant was convicted. Appellant properly entitles his proposed motion and his affidavit of poverty as in that original criminal case.

The statute makes no specific provision for the appeal from such an order. We regard it as no more a final order under 28 U.S.C.A. § 225 2 than a judge’s order to *12 testify in a grand jury proceeding held not appealable in…