John E. Kirby v. E. B. Swope, Warden, United States Penitentiary, Alcatraz, California

218 F.2d 814

John E. KIRBY, Petitioner,

v.

E. B. SWOPE, Warden, United States Penitentiary, Alcatraz, California, Respondent.

Misc. No. 407.

United States Court of Appeals, Ninth Circuit.

January 18, 1955.

John E. Kirby in pro. per.

No appearance for respondent.

Before DENMAN, Chief Judge, and BONE and POPE, Circuit Judges.

1

Kirby was denied an appeal forma pauperis from an order dismissing his application for a writ of habeas corpus, Judge Goodman certifying that the appeal is without merit and not taken in good faith.

2

He asks this court's order to command Judge Goodman to allow an appeal. The…