Davis v. Clark
| Decision Date | 19 September 1968 |
| Docket Number | Misc. No. 3316. |
| Citation | 404 F.2d 1356,131 US App. DC 379 |
| Parties | Joseph DAVIS, Petitioner, v. Ramsey E. CLARK, Respondent. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Before BAZELON, Chief Judge, and TAMM and DANAHER, Circuit Judges, in Chambers.
On consideration of petitioner's petition for leave to prosecute his appeal in this case without prepayment of costs and for appointment of counsel and it appearing that a statement of reasons given by the District Court for its action is not appended to the petition and the Clerk having been informed by the Clerk of the District Court that the District Court Judge did not certify, pursuant to the provision of Rule 24 of the Federal Rules of Appellate Procedure, that the appeal is not taken in good faith nor that the petitioner is otherwise not entitled to proceed in forma pauperis and accordingly there being no statement in writing as to the reasons for such certification and finding, it is
Ordered by the Court that further consideration of petitioner's aforesaid petition shall be held in abeyance and the Clerk of this Court is directed to transmit a certified copy of this order to the District Court to permit the District Court to comply with the provisions of Rule 24 of the Federal Rules of Appellate Procedure. The Clerk of the District Court is hereby directed to transmit to the Clerk of this Court a certified copy of the written statement of the District Court with respect to the reasons for his certification or finding that petitioner is not entitled to proceed in forma pauperis, promptly upon the completion thereof by the District Court Judge. The Clerk of the District Court is further directed to distribute copies of this order and opinion to all District Court Judges.
Statement of Circuit Judge TAMM:
Caught between rising case loads and critical courts of appeals the life of a federal district judge is not an easy one. Now a new problem is added by the partially misnomered Federal Rules of Appellate Procedure, which went into effect July 1, 1968. For hidden in these Appellate rules are provisions which are addressed to district judges. Such a provision is rule 24 which provides:
a party who has been permitted to proceed in an action in the district court in forma pauperis, or who has been permitted to proceed there as one who is financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis...
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U.S. v. Byers
...when, as we assume, "the matter was dealt with in a conscientious manner in passing on the merits." Davis v. Clark, 404 F.2d 1356, 1358 (D.C.Cir.1968) (separate opinion of Tamm, J.).43 The following are examples of the prosecution's insistent reliance on Dr. Kunev's testimony about Byers' a......
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U.S. v. Ecker
..."is not onerous if the matter was dealt with in a conscientious manner in passing on the merits." Davis v. Clark, 131 U.S.App.D.C. 379, 380-81, 404 F.2d 1356, 1357-58 (1968). Although this case is structured as a habeas corpus hearing with expert testimony, what is also involved is a decisi......
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U.S. v. Bazzano
...548 (1972) (Marshall, J., dissenting). See James v. United States, 476 F.2d 936, 937 (8th Cir. 1973). Cf. Davis v. Clark, 131 U.S.App.D.C. 379, 381, 404 F.2d 1356, 1358 (1968) (requiring a statement of reasons for denying a motion for leave to appeal in forma pauperis "is not onerous if the......
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U.S. v. Mason
...not onerous if the matter was dealt with in a conscientious manner in passing on the merits." Davis v. Clark, 131 U.S.App.D.C. 379, 404 F.2d 1356, 1358 (1968) (separate opinion of Tamm, J.).22 Cf., e. g., United States v. Smith, supra note 21; United States v. Masiello, supra note 21. On re......