WINHOVEN v. UNITED STATES

Misc. No. 309.

209 F.2d 417 (1953)

WINHOVEN v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

December 7, 1953.


Attorney(s) appearing for the Case

Willard A. Winhoven, in pro. per.

Lloyd H. Burke, U. S. Atty., San Francisco, Cal., for appellee.

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


DENMAN, Chief Judge.

Winhoven moves to proceed in forma pauperis in his appeal from the denial of a 60(b) motion to reopen a 28 U.S.C. § 2255 proceeding to set aside a sentence to the federal penitentiary. Such a motion requires a showing that the moving party has a cause of action and that if he has not and his appeal is frivolous, it will be dismissed. 28 U.S.C. § 1915 (a) and (d).

This 2255 proceeding was brought to set aside a sentence of twenty...

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