In re Meek

Petitioner has filed with this Court a motion seeking permission to file an application for a writ of habeas corpus in forma pauperis. By his proposed petition, petitioner seeks to challenge his custody by the Warden of the California State Prison at Folsom. Petitioner is presently held in custody by said Warden on a commitment issued out of the Superior Court of the State of California, in and for the County of Sacramento, in which said court the petitioner was convicted of the crime of robbery in the first degree.

Preliminarily, it should be noted that petitioner can be permitted to proceed in forma pauperis only if his proposed petition has merit. Leave to proceed in forma pauperis is a privilege and not a right, and if this Court determines that the proposed proceeding is without merit, this Court is duty bound to forthwith deny leave to proceed in forma pauperis. See Meek v. City of Sacramento, D.C., 132 F.Supp. 546 .

This Court is a court of limited jurisdiction and has no authority beyond that specifically granted to it by law. The jurisdiction of this Court is never presumed but must, in every case, be affirmatively alleged and shown in order for the Court to acquire…