Johnston

Appellee, Cecil Wright, is confined in the United States Penitentiary at Alcatraz, California, by James A. Johnston, warden of that institution. Believing such imprisonment to be illegal, Wright has presented a petition to Honorable William Denman, a member of this court, in which he states the basis of his claim and prays that the writ of habeas corpus should issue and that he be awarded his freedom.

The writ issued and the warden made due return. Thereafter, Wright filed his traverse. After a hearing the judge filed his written “Opinion and Order Granting Petition.” The order granting the petition is in words and figures as follows: “ * * * Wright’s petition to proceed in forma pauperis is ordered granted. He should be discharged from the custody of the Warden; but, pending appeal from this decision, he may be enlarged upon recognizance with security in the amount of Five Thousand Dollars ($5,000.00) for appearance to answer the judgment of the appellate court, provided that unless appeal be taken within ten (10.) days from the filing of this order with the Clerk of the United States District Court for the Northern District of California, he shall be enlarged without such…