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LOCKHART v. D'URSO

No. 17389.

408 F.2d 354 (1969)

Sylvester LOCKHART, Jr., Appellant, v. Gabriel D'URSO, Deputy Court Administrator, Quarter Sessions Court, Philadelphia County, Michael J. Rotko, Assistant District Attorney, Philadelphia County, Pennsylvania, Louis J. Amarando, Clerk of Quarter Sessions Courts, Philadelphia County, Pa., Charles A. Hoenstine, Prothonotary of Superior Court, of Pennsylvania, and George W. Dunn, Deputy Prothonotary of Superior Court of Pennsylvania.

United States Court of Appeals Third Circuit.

Decided March 11, 1969.

Attorney(s) appearing for the Case

Sylvester Lockhart, Jr., pro se.

Robert Cox, Asst. Dist. Atty., Philadelphia, Pa., for Michael Rotko.

Stanley Asher Winikoff, Deputy Dist. Atty., Harrisburg, Pa., for Hoenstine and Dunn (William C. Sennett, Atty. Gen., Harrisburg, Pa., on the brief).

Murray C. Goldman, Philadelphia, Pa., for Louis J. Amarando.

Before KALODNER, GANEY and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Plaintiff below appeals from an order of the district court denying him the right to prosecute his civil rights action in forma pauperis.

The district court denied plaintiff's request to proceed in forma pauperis on the ground that the action was "plainly without merit". However, when plaintiff appealed such denial the district court granted him leave to prosecute his appeal in forma pauperis, stating that it was...

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