Stanley v. Swope

Wilbur Stanley filed an application to proceed in forma pauperis on an appeal from the orders of the District Court denying his applications for release from prison upon his petition for writ of habeas corpus in that behalf. The trial court denied a similar application for leave to proceed on appeal in forma pauperis and certified that in his opinion the assignments of error and brief in support thereof are so frivolous in their nature as to show that petitioner’s appeal is not taken in good faith and that “the court so finds and certifies”. The statute, 28 U.S.C.A. § 832, upon which the…