Roberts Ex Rel., Inmates of the California State Prison for Men at Represa, Cal. v. State of California Department of Corrections

Appellant moves to rescind our order of January 27, 1949, denying his petition for an allowance of appeal. That denial was based upon a petition for the allowance of an appeal and not upon a petition to be permitted to prosecute an appeal in forma pauperis. So construing the petition, we held that we did not have power to allow an appeal, deeming the only method of taking an appeal is the filing of a notice of appeal in the district court under Federal Rule of Civil Procedure, rule 73 (a), 28 U.S.C.A.

Had the petition been one seeking to prosecute an appeal in forma pauperis, it appears that…