IN RE SMITH

No. 79-8090.

600 F.2d 714 (1979)

In re Willis Donald SMITH, Petitioner.

United States Court of Appeals, Eighth Circuit.

Decided June 26, 1979.


Attorney(s) appearing for the Case

Willis Donald Smith, Sioux Falls, S. D., pro se.

Mark V. Meierhenry, Atty. Gen., Pierre, S. D., for Warden of the South Dakota Penitentiary. No appearance or briefs were filed by him.

Before LAY, HEANEY and ROSS, Circuit Judges.


LAY, Circuit Judge.

Petitioner, a prisoner in the South Dakota Penitentiary, sought to bring suit against the Warden of the penitentiary and others. The district court by letter dated April 27, 1979, informed petitioner that since he had $65.85 in his penitentiary account he was denied leave to proceed in forma pauperis and his complaint would not be filed until the $15.00 filing fee was paid.

On May 1, 1979, petitioner...

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