Ragan v. Cox, No. 6811.

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtPHILLIPS, PICKETT, and BREITENSTEIN, Circuit
Citation305 F.2d 58
Docket NumberNo. 6811.
Decision Date21 June 1962
PartiesJack V. K. RAGAN, Appellant, v. Colonel Weldon W. COX, Commandant, United States Disciplinary Barracks, Leavenworth, Kansas, Appellee.

305 F.2d 58 (1962)

Jack V. K. RAGAN, Appellant,
v.
Colonel Weldon W. COX, Commandant, United States Disciplinary Barracks, Leavenworth, Kansas, Appellee.

No. 6811.

United States Court of Appeals Tenth Circuit.

June 21, 1962.


305 F.2d 59

Calvin L. Rampton of Pugsley, Hayes & Rampton, Salt Lake City, Utah, for appellant.

Alan G. Marer, Atty., Dept. of Justice, and Frank O. House, Major, United States Air Force (Burke Marshall, Asst. Atty. Gen., Newell George, U. S. Atty., and Harold H. Greene, Atty., Dept. of Justice, were with them on the brief), for appellee.

Before PHILLIPS, PICKETT, and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant Ragan presented to the United States District Court for the District of Kansas two petitions for habeas corpus, each of which was accompanied by a motion and affidavit for leave to file in forma pauperis under 28 U.S.C. § 1915(a). The first petition, identified on the docket of the lower court as No. 3230 H.C., alleged that Ragan was held unlawfully in the United States Disciplinary Barracks at Leavenworth, Kansas, because two military court-martial sentences imposed against him ran concurrently rather than consecutively and had been completely served. The court, without stating any reasons, denied leave to file in forma pauperis.

The second petition, identified as No. 3236 H.C., alleged that Ragan had received a military court-martial sentence of six years and a dishonorable discharge; that after such discharge he had received a second military court-martial sentence of 10 years; that the second sentence was void as the court-martial lacked jurisdiction over him because of the discharge; and that the first sentence had been completely served. Again, the court, without stating any reasons, denied leave to file in forma pauperis.

Subsequently, in each case Ragan filed a motion, with supporting affidavit for leave to appeal in forma pauperis. These were each denied without any reasons being stated and without any certificate that the appeal was not taken in good faith. Ragan then applied to the Court of Appeals in each case for leave to appeal in forma pauperis. The two cases were consolidated as Docket No. 6811. We granted leave "to proceed in this court in forma pauperis" and ordered the certification of the original files to this court. After examination of those files we denied "leave to proceed further in forma pauperis" and dismissed the appeals. On certiorari, the Supreme Court...

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354 practice notes
  • Vigil v. Doe, No. CIV 19-0164 JB\JFR
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • July 31, 2019
    ...is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 Fed. App'x 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962) ). "[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial stat......
  • Carter v. U.S. Dep't of Def., No. CIV 16-0786 JB/SMV
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • February 28, 2017
    ...frivolous or malicious, it may dismiss the case . . . .Menefee v. Werholtz, 368 Fed. App'x 879, 884 (10th Cir. 2010)(citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). "The statute [allowing a litigant to proceed in forma pauperis] was intended for the benefit of those too poor to pay ......
  • Sherrell v. Univ. of N.M., No. CIV 18-0408 JB\JHR
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • November 13, 2018
    ...finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case .... Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962). "[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status......
  • Garcia v. Cole, No. CIV 18-1032 JB\KK
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • September 20, 2019
    ...is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 Fed. App'x. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962) ). "[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial sta......
  • Request a trial to view additional results
354 cases
  • Vigil v. Doe, No. CIV 19-0164 JB\JFR
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • July 31, 2019
    ...is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 Fed. App'x 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962) ). "[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial stat......
  • Carter v. U.S. Dep't of Def., No. CIV 16-0786 JB/SMV
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • February 28, 2017
    ...frivolous or malicious, it may dismiss the case . . . .Menefee v. Werholtz, 368 Fed. App'x 879, 884 (10th Cir. 2010)(citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). "The statute [allowing a litigant to proceed in forma pauperis] was intended for the benefit of those too poor to pay ......
  • Sherrell v. Univ. of N.M., No. CIV 18-0408 JB\JHR
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • November 13, 2018
    ...finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case .... Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962). "[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status......
  • Garcia v. Cole, No. CIV 18-1032 JB\KK
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • September 20, 2019
    ...is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 Fed. App'x. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962) ). "[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial sta......
  • Request a trial to view additional results

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