Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

United States v. Holiday

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: January 15, 1971.

UNITED STATES OF AMERICA
v.
CLARENCE HOLIDAY, APPELLANT IN NOS. 18709, 18711, WILLIAM HOLIDAY, FRANK SIMMONS, PAUL SIMMONS. APPEAL OF WILLIAM HOLIDAY, IN NOS. 18710, 18712

Ganey and Adams, Circuit Judges, and Weis, District Judge.

Author: Per Curiam

Opinion OF THE COURT

This is an appeal from the denial by Judge Augelli of the District Court of New Jersey of applications made by appellants Clarence and William Holiday to file petitions of habeas corpus in forma pauperis pursuant to 28 U.S.C.A. ยง 1915.

The record indicates that the applications were denied because it appeared that both defendants had access to sufficient funds to retain attorneys, although at the time of their applications they had not done so, and that in the judgment of the District Court, the Holidays were not qualified for the privilege of proceeding in forma pauperis.

It is clear that the granting of applications to proceed in forma pauperis is committed to the sound discretion of the district courts; e.g., Hartman v. United States, 310 F.2d 447 (6th Cir. 1962); Noll v. United States, 83 F. Supp. 887 (W.D.Pa.1949); cf. Jefferson v. United States, 277 F.2d 723 (9th Cir. 1960), cert. denied 364 U.S. 896, 81 S. Ct. 227, 5 L. Ed. 2d 190 (1960). We have reviewed the record and find that the District Court acted reasonably and within the proper latitude of its discretion.

In addition we have considered the allegations raised in the habeas corpus petitions and find them to be without merit.

Accordingly, the order of the District Court denying Clarence and William Holiday's applications will be affirmed.

19710115

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.