Legal Opinion

De Maurez v. Swope

Court of Appeals for the Ninth Circuit

Decided December 23, 1938PublishedCited by 14 opinions

1Per curiam

In the above entitled matter a petition for writ of habeas corpus addressed to this court is offered for filing, together with an affidavit praying that petitioner be allowed to proceed in forma pauperis. The affidavit does not show that the petitioner is a citizen of the United States; consequently, he cannot proceed in forma pauperis (28 U.S.C.A. § 832). This court, as such, has no power to issue writs of habeas corpus except when necessary for the exercise of its appellate jurisdiction (28 U.S.C.A. § 377; 28 U.S.C.A. § 452, as amended February 13, 1925, 43 Stats. 940; 28 U.S.C.A. § 463(a).…

2Cited by14 opinions

  1. Hawk v. OlsonCourt of Appeals for the Eighth Circuit · 1942
  2. Smith v. JohnstonCourt of Appeals for the Ninth Circuit · 1940
  3. Ex parte JeffersonCourt of Appeals for the Ninth Circuit · 1939
  4. In re AndersonCourt of Appeals for the Ninth Circuit · 1941
  5. Posey v. DowdCourt of Appeals for the Seventh Circuit · 1943

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