Hayes v. United States, 142.
| Decision Date | 13 October 1958 |
| Docket Number | No. 142.,142. |
| Parties | Russell L. HAYES, Petitioner, v. UNITED STATES of America, Respondent. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Russell L. Hayes, in pro. per.
William B. Butler, U. S. Atty., Houston, Tex., for appellee.
Before RIVES, JONES and BROWN, Circuit Judges.
Certiorari Denied October 13, 1958. See 79 S.Ct. 87.
This is a proceeding in forma pauperis. On March 8, 1958, the petitioner was adjudged guilty of the offenses of unlawfully preparing and submitting false income tax returns, in violation of Title 26 U.S.C. Section 7206(1), and making fraudulent claims against the United States, in violation of Title 18, Section 287, United States Code, and was sentenced to a total of six years' imprisonment. The petitioner was refused relief under Section 2255, 28 United States Code, on May 7, 1958, by the district court which sentenced him, and, without applying to the district court, he addressed to this Court a petition for leave to proceed on appeal in forma pauperis. On May 28, 1958, we denied the application because of failure to first apply to the district court. See Russell L. Hayes v. United States, 5th Cir., No. 136, decided May 28, 1958. Subsequently, petitioner made his application to the district court and it was denied on two grounds: first, that the Section 1915 requirement that the applicant must make an affidavit stating that he is unable to pay cost or give security was not met since the instrument in question did not contain a proper certification of an officer authorized to administer oaths; second, that the appeal was without merit and was not taken in good faith. Without deciding the first ground, we must dismiss the appeal on the second.
The petitioner claims inter alia that government agents entrapped him by planting government checks in his mail box and listing "them on a search warrant as stolen in order to gain entry into his home"; that the petitioner was "illegally confined" in his home; that there was no probable cause to arrest; that petitioner was held "a prisoner in his home under secret interrogation"; that the court-appointed attorney played the role of amicus curiae rather than an advocate; that the "custodial restraint of prison life" is in the nature of "forced conformity incidental to communistic indoctrination" which is deliberately, maliciously and fallaciously designed "to deprive petitioner of the right to pursue a...
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Hayes v. United States, Civ. A. No. H-77-186.
...finding by the Fifth Circuit Court of Appeals that the issues presented had no merit, and the appeal was frivolous. Hayes v. United States, 258 F.2d 400 (5th Cir. 1958), cert. denied, 358 U.S. 856, 79 S.Ct. 87, 3 L.Ed.2d 89 On April 22, 1959, Hayes filed a third motion raising substantially......
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DeSantis v. United Technologies Corp.
...evident improper motive, the applicant establishes good faith by presenting any issue that is not plainly frivolous); Hayes v. United States, 258 F.2d 400 (5th Cir.1958); Meadows v. Trotter, 855 F.Supp. 217, 219 (W.D.Tenn.1994); U.S. v. Durham, 130 F.Supp. 445 (D.C.D.C.1955) ("good faith" m......
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McCrary v. State
...1060; Gershon v. United States, 8 Cir., 1957, 243 F.2d 527, certiorari denied 355 U.S. 873, 78 S.Ct. 124, 2 L.Ed.2d 78; Hayes v. United States, 5 Cir., 1958, 258 F.2d 400, certiorari denied 358 U.S. 856, 79 S.Ct. 87, 3 L.Ed.2d 89; Tweedy v. United States, 9 Cir., 1960, 276 F.2d The Public D......
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Rios v. Florida, Case No. 6:11-cv-1242-Orl-22GJK
...evident improper motive, the applicant establishes good faith by presenting any issue that is not plainly frivolous); Hayes v. United States, 258 F.2d 400 (5th Cir. 1958); Meadows v. Trotter, 855 F. Supp. 217, 219 (W.D. Tenn. 1994); U.S. v. Durham, 130 F. Supp. 445 (D.C. 1955) ("good faith"......
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28 APPENDIX U.S.C. § 24 Proceeding In Forma Pauperis
...rules are generally silent on the question, the case law requires initial application to the district court. Hayes v. United States, 258 F.2d 400 (5th Cir., 1958), cert. den. 358 U.S. 856, 79 S.Ct. 87, 3 L.Ed.2d 89 (1958); Elkins v. United States, 250 F.2d 145 (9th Cir., 1957) see 364 U.S. ......
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28 APPENDIX U.S.C. § 24 Proceeding In Forma Pauperis
...rules are generally silent on the question, the case law requires initial application to the district court. Hayes v. United States, 258 F.2d 400 (5th Cir., 1958), cert. den. 358 U.S. 856, 79 S.Ct. 87, 3 L.Ed.2d 89 (1958); Elkins v. United States, 250 F.2d 145 (9th Cir., 1957) see 364 U.S. ......