Minntole v. Johnston

Petitioner-appellant prays for leave to proceed on appeal in forma pauperis and for appointment by this court of counsel to assist in his appeal from a dismissal by the district court of his petition for writ of habeas corpus.

The petition for leave to appeal in forma pauperis (28 U.S.C.A. § 832) should have been made in the district court which denied- the writ of habeas corpus (Waley v. Johnston, 9 Cir., 110 F.2d 234); and petitioner does not show that such leave was asked in the court below.

Moreover, a proposed appeal record presented with the petition shows two concurrent sentences of…