SMIDDY v. JOHNSTON


110 F.2d 1015 (1940)

SMIDDY v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

March 7, 1940.


Attorney(s) appearing for the Case

Ennis Smiddy, in pro. per.

No other appearances entered.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.


PER CURIAM.

Petitioner desires to appeal in forma pauperis from an order dated October 17, 1939, denying his petition for writ of habeas corpus. Such appeal from a judgment or decree must be taken "within three months after the entry of such judgment or decree". 28 U.S.C.A. § 230, 43 Stats. p. 940, ch. 229, Sec. 8(c), approved February 13, 1925. Under the new Rules of Civil Procedure for the District Courts of the United States, effective September 16, 1938,...

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