Paul Rodger Weller v. Fred H. Dickson, Andrew Emmitte Pope v. Richard A. McGee

I concur in the result reached in the opinion of my brother ROSS, but not entirely in the reasoning by which that result is attained. It is not easy to define the standard by which the discretion of a trial judge is to be guided in deciding whether or not to grant leave to proceed in forma pauperis under 28 U.S. C. § 1915. I think, however, that a distinction should be drawn between civil and criminal cases, although Judge ROSS’ opinion does not purport to do so. I also think that the district judge should have a broader discretion in civil actions brought by prisoners against *602their jailers…