J. A. H. BARKEIJ, PLAINTIFF,

v.

FORD MOTOR CO. ET AL., DEFENDANTS

In view of the provision of 28 U.S.C.A. § 1915(a) that “an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith”, we have uniformly held that where such certification is made, this Court cannot allow the petitioner to proceed on appeal in forma pauperis.11 In view of the premises, defendants’ motions to docket and dismiss plaintiff’s appeals are granted, and plaintiff’s appeals herein are hereby ordered dismissed.

On Motion for Rehearing and Motion that Order of Jan. 13, 1956 • be Modified.

PER CURIAM.

The motion for a rehearing is denied.

The motion that the dismissal of the case on January 13, 1956, be modified by an order that the dismissal of that date be without prejudice, is denied.

. 28 U.S.C.A., Fed.Rules Civ.Proc. 75(j) provides in part:

. 28 U.S.C.A., F.R.C.P. 73(c).

. 28 Ü.S.C.A., F.R.C.P. 75, 76.

. 28 U.S.C.A., F.R.C.P. 73(g).

. 28 U.S.O.A., F.R.C.P. 75(a).

. 28 U.S.C.A., F.R.C.P. 60, which provides in part:

“(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of au appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court. As amended Dec. 27, 1946, effective March 19, 1948.

“(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; * * * or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken. * * As amended Dec. 27, 1946, and Dee. 29, 1948, effective Oct. 20, 1949.”

. See: Jernigan v. Southern Pacific Co., 9 Cir., 1955, 222 F. 2d 245, 248, and authority contained in Note 3 thereon.

. 28 U.S.C.A. § 1915(a) —

“Any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees and costs or security therefor, by a citizen •who makes affidavit that he is unable to pay such costs or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant’s belief that he is entitled to redress.

“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. * * * June 25, 1948, c. 646, 62 Stat. 954, amended May 24, 1949, c. 139, § 98, 63 Stat. 104.”

. In this respect he states in his Motion not to docket any appeal in this Court on motion by opponents, and his Motion to remand this case to the lower Court for regular trial, as follows:

“E. This case obviously hangs in midair, and should hang there in view of F.R.C.Pr. forever, as a warning to other fellow men that you cannot jumble the law any way defendants prefer to do so.”

. Morris v. Igoe, 7 Cir., 1954, 209 F. 2d 108; Higgins v. Steele, 8 Cir., 1952, 195 F. 2d 366, 368; Clough v. Hunter, 10 Cir., 1951, 191 F. 2d 516, 518; Willis v. Utecht, 8 Cir., 1950, 185 F. 2d 210, 212; Dorsey v. Gill, 1945, 80 U.S.App.D.C. 9, 148 F. 2d 857, certiorari denied 325 U.S. 890, 65 S.Ct. 1580, 89 L.Ed. 2003. See also: 28 U.S.C.A. § 1915(a)—Note 8 ibid.

. Weinbaum v. United States, 9 Cir., 1950, 184 F. 2d 330; Garrison v. Johnston, 9 Cir., 1942, 129 F. 2d 318; Smith v. Johnston, 9 Cir., 1940, 109 F. 2d 152; Waley v. Johnston, 9 Cir., 1939, 104 F. 2d 760; Stanley v. Swope, 9 Cir., 1938, 99 F. 2d 308; Brown v. Johnston, 9 Cir., 1938, 99 F. 2d 760. See also: Per Curiams by Judge Denman:—In re Boyden, 230 F. 2d 787; In re Mitchell, 230 F. 2d 786.