United States v. Clarence Holiday, in Nos. 18709, 18711, William Holiday, Frank Simmons, Paul Simmons. Appeal of William Holiday, in Nos. 18710, 18712

OPINION OF THE COURT

This is an appeal from the denial by Judge Augelli of the District Court of New Jersey of applications made by appellants Clarence and William Holiday to file petitions of habeas corpus in forma pauperis pursuant to 28 U.S.C.A. § 1915.

The record indicates that the applications were denied because it appeared that both defendants had access to sufficient funds to retain attorneys, although at the time of their applications they had not done so, and that in the judgment of the District Court, the Holidays were not qualified for the privilege of proceeding in forma pauperis.

It…