Legal Opinion

Nichols v. McGee

District Court, N.D. California

Decided January 23, 1959No. Misc. 1187PublishedCited by 17 opinions

1Opinion of the Court

HALBERT, District Judge.

Plaintiff has submitted to this Court a complaint, which is accompanied by a motion in which he asserts that he is, by reason of his poverty, entitled to proceed in forma pauperis. By his motion he seeks leave to so proceed.

Leave to proceed in forma pauperis is a privilege and- not a right (Clough v. Hunter, 10 Cir., 191 F.2d 516; Willis v. Utecht, 8 Cir., 185 F.2d 210; Johnson v. Hunter, 10 Cir., 144 F.2d 565; Prince v. Klune, 80 U.S.App.D.C. 31, 148 F.2d 18; and Dorsey v. Gill, 80 U.S.App.D.C. 9, 148 F.2d 857), and a duty is imposed on this Court to examine any…

2Cases cited36 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Brown v. Board of EducationSupreme Court of the United States · 1954
  3. Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
  4. Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
  5. Gibbs v. BuckSupreme Court of the United States · 1939

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3Cited by17 opinions

  1. In Re FergusonCalifornia Supreme Court · 1961
  2. Pierce v. La ValleeCourt of Appeals for the Second Circuit · 1961
  3. State Board of Public Welfare v. MyersCourt of Appeals of Maryland · 1961
  4. Hazel Palmer v. Allen C. Thompson, Mayor, City of JacksonCourt of Appeals for the Fifth Circuit · 1967
  5. Delaney v. ShobeDistrict Court, D. Oregon · 1964

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