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ROBERTS v. U. S. DISTRICT COURT

No. 2, Misc.

339 U.S. 844 (1950)

ROBERTS v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ET AL.

Supreme Court of United States.

Decided June 5, 1950.

Attorney(s) appearing for the Case

Max Radin, acting under an assignment by the Court, argued the cause and filed a brief for petitioner.

No appearance for respondents.

PER CURIAM.

Petitioner, who is confined in a California state prison, sought to file a petition in forma pauperis for a writ of injunction in the District Court below. That court denied leave to proceed in forma pauperis, holding that petitioner was not entitled to the benefits of 28 U. S. C. § 1915 because he was no longer a "citizen" as required by that section. The District Court reached that decision in reliance on California Penal Code §...

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