Opinion
April 20, 1942.
Upon Petition for Leave to Appeal in Forma Pauperis.
Habeas corpus proceeding by John Richard Bayless against James A. Johnston, Warden, United States Penitentiary, Alcatraz, California, to obtain petitioner's release from custody of the warden. On petition for leave to appeal in forma pauperis from order of the District Court dismissing the habeas corpus petition.
Petition denied.
John Richard Bayless, in propria persona, for appellant.
No other appearances entered.
Before WILBUR, GARRECHT, and MATHEWS, Circuit Judges.
This is a petition for leave to appeal in forma pauperis from an order of the District Court dismissing a petition for a writ of habeas corpus. Petitioner alleges that application for leave to proceed on appeal in forma pauperis has been made to the District Court and denied by it. Petitioner does not state whether or not the District Court has certified that the appeal is not taken in good faith. Such showing is required by the holding in Smith v. Johnston, 9 Cir., 109 F.2d 152, 155.
Application is denied.