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NICHOLS v. McGEE

Misc. No. 1187.

169 F.Supp. 721 (1959)

Cornelius NICHOLS, Petitioner, v. Richard A. McGEE, Director, California State Department of Corrections, et al., Respondents.

United States District Court N. D. California, N. D.

January 23, 1959.

Attorney(s) appearing for the Case

Cornelius Nichols, in pro. per.

No appearance for defendants.

HALBERT, District Judge.

Plaintiff has submitted to this Court a complaint, which is accompanied by a motion in which he asserts that he is, by reason of his poverty, entitled to proceed in forma pauperis. By his motion he seeks leave to so proceed.

Leave to proceed in forma pauperis is a privilege and not a right (Clough v. Hunter, 10 Cir., 191 F.2d 516; Willis v. Utecht, 8 Cir., 185 F.2d 210

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