John

Bert W. John, plaintiff in this civil action for damages, has appealed from an order of the district court denying his motion to proceed in that court in forma pauperis. He moves here for leave to proceed with this appeal in forma pau-peris. For the reasons stated below, the motion is denied and the appeal is dismissed.

The defendants are the chief justice and individual associate justices of the California Supreme Court. It is alleged in the complaint that John, an inmate of California State Penitentiary at Folsom, California, had three times made proper application to the California Supreme Court for a writ of habeas corpus but that each such application had been denied en banc. Such denials, he alleged, deprived him of due process of law as secured to him under the Fourteenth Amendment. Damages in the sum of five thousand dollars were sought against each defendant.

Jurisdiction of the district court was asserted only under 28 U.S.C.A. § 1343 . This statute confers jurisdiction on district courts to entertain actions for the recovery of damages or for other relief arising out of the denial or withholding of civil rights as defined in other federal statutes.

At the time of…