ROBERT E. LIPSCOMB, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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An order denying leave to proceed in forma pauperis is appealable, and the issue is whether the denial was warranted.
A federal prisoner appealed an order denying his application for a writ of habeas corpus filed in forma pauperis. The appellee moved to dismiss the ap…
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PER CURIAM.
Robert E. Lipscomb, a federal prisoner at Alcatraz, has appealed from an order of the district court denying leave to file in forma pauperis an application for a writ of habeas corpus. Appellee has moved to dismiss the appeal on the ground that the order is not appealable because it did not dispose of the application on the merits.
An order denying leave to proceed in the district court in forma pauperis is appealable. Roberts v. United States, 339 U.S. 844, 845, 70 S.Ct. 954, 94 L.Ed. 1326; Ex Parte Quirin, 317 U.S. 1, 24, 63 S.Ct. 1, 87 L.Ed. 3. The issue to be decided on such an appeal is whether denial of leave to proceed in forma pauperis was warranted. See Anderson v. Heinze, 9 Cir., 258 F. 2d 479, 483.
The motion to dismiss the appeal is accordingly denied. Appellant’s opening brief, now on file, refers to events subsequent to entry of the district court order which present the question of whether this appeal, or the case itself, have become moot. The parties are requested to discuss this question of mootness in their briefs yet to be filed.
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ex parte Quirin v. Cox, 317 U.S. 1 (U.S. 1942)
- Roberts v. United States Dist. Court for the N. Dist. of Cal., 339 U.S. 844 (U.S. 1950)
- Anderson v. Heinze, 258 F.2d 479 (9th Cir. 1958)