Opinion · Court of Appeals for the Ninth Circuit

Parker v. Johnston

Parker v. Johnston, 109 F.2d 157 (9th Cir. 1940)

Type: Opinion
Court: Court of Appeals for the Ninth Circuit
Jurisdiction: Federal
Date: 1940-01-17
Topic: general

PER CURIAM. This is upon application for leave to proceed on appeal in forma pauperis, “from an opinion and order of the District Court of the United States for the Northern District of California, Southern Division, issued on the twenty-sixth day of October in the year of our Lord one thousand nine hundred thirty-nine, and from an order and certificate of the same court of December eighth, year aforesaid, denying appeal and certifying the grounds for appeal are frivolous”. In view of this certificate of the trial court the application is denied. See, Smith et al. v. Johnston, 9 Cir., 109 F.2d 152, filed by this court, January 15, 1940.

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Cited by: 1 opinion

PARKER v. JOHNSTON,109 F.2d 157(9th Cir. 1940)

PARKER v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

January 17, 1940.

Habeas corpus proceeding by Homer Zeaman Parker against James A. Johnston, Warden, United States Penitentiary, Alcatraz, California. Relief was denied. On application for leave to proceed on appeal in forma pauperis.

Application denied.

Homer Zeaman Parker, in propria persona.

No other appearance entered.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.

PER CURIAM.

This is upon application for leave to proceed on appeal in forma pauperis, "from an opinion and order of the District Court of the United States for the Northern District of California, Southern Division, issued on the twenty-sixth day of October in the year of our Lord one thousand nine hundred thirty-nine, and from an order and certificate of the same court of December eighth, year aforesaid, denying appeal and certifying the grounds for appeal are frivolous". In view of this certificate of the trial court the application is denied. See, Smith et al. v. Johnston, 9 Cir., 109 F.2d 152, filed by this court, January 15, 1940.