Crockett v. United States

DENMAN, Circuit Judge.

This is an appeal from an order of the District Court of the United States for the Southern District of California, Northern Division, denying appellant’s petition to proceed in forma pauperis under 28 U.S. C.A. § 8321 on a motion to vacate a judgment in which he was sentenced to twenty-five years in a penitentiary, which motion appellant claims is in the nature of a proceeding coram nobis.

Appellee contends that the order denying pauper relief is one entirely within the district court’s uncontrolled discretion and therefore there is no merit in the appeal.

We do not agree…