GANEY v. BAREFOOT

No. 83-6281.

749 F.2d 1124 (1984)

Edward A. GANEY; and Minor Son, Vance Alfred Ganey, Appellants, v. Napoleon B. BAREFOOT; and Charles E. Rice, III, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 5, 1984.


Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N.C. (Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N.C., on brief), for appellants.

Jacob L. Safron, Sp. Deputy Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen., Raleigh, N.C., on brief), for appellees.

Before ERVIN and CHAPMAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


HAYNSWORTH, Senior Circuit Judge:

This is a proceeding against two North Carolina state trial judges in which Ganey questions the constitutionality of a North Carolina statute. The statute requires that an appellant in a civil case be allowed to proceed in forma pauperis only upon presentation of a certificate of a lawyer that he has examined the appellant's case and is of the opinion that the trial court's action "is contrary to law." The district court held that...

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