Tate v. People of the State of California

The appellant sought to file a petition for issuance of a writ of habeas corpus. The court denied the right to file such a petition in forma pauperis. Since the record before does not show appellant made “affidavit that he is unable to pay such costs or give security therefor” as required by the statute, 28 U.S.C.A. § 1915, it was proper to deny the right to file on this ground alone. The court held that the petition should be denied filing because no “exceptional circumstances of peculiar urgency,” required the issuance of the writ to free petitioner from custody on a conviction affirmed by…