Moore v. Smith

The petitioner prays that he be permitted to prosecute his application in this court for a writ of habeas corpus in forma pauperis.

This court cannot entertain an application for a writ of habeas corpus, in forma pauperis or otherwise, “except in aid of its appellate jurisdiction.” Thompson v. Smith, 9 Cir., 161 F.2d 728.

There is no appellate jurisdiction, either actual or potential, involved in this case. The petition herein is not one on appeal, but is for an original writ.

Nor could an appeal be taken in this case, since the time has long since expired. According to the petitioner’s own…