Taylor v. United States, 427.
| Decision Date | 07 April 1955 |
| Docket Number | No. 427.,427. |
| Citation | 221 F.2d 228 |
| Parties | Marion L. TAYLOR, Petitioner, v. UNITED STATES of America, Respondent. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Marion L. Taylor, Steilacoom, Wash., in pro. per.
No appearance for respondent.
Before DENMAN, Chief Judge, and BONE and POPE, Circuit Judges.
Applicant seeks permission from this court to appeal forma pauperis from an order of the United States District Court for the Northern District of California, Southern Division, denying his motion made pursuant to 28 U.S.C. § 2255.
In his motion to the District Court applicant alleges that his conviction was obtained by perjured testimony but does not allege this evidence was knowingly used. The motion was properly denied. Tilghman v. Hunter, 10 Cir., 167 F.2d 661. The lower court has certified that the appeal is not taken in good faith and the application is denied. 28 U.S.C. § 1915.
To continue reading
Request your trial
-
Imbler v. Craven
...v. United States, 269 F.2d 38, 43 (9th Cir. 1959), cert. denied, 361 U.S. 938, 80 S.Ct. 379, 4 L.Ed.2d 357 (1960); Taylor v. United States, 221 F.2d 228 (9th Cir. 1955). This court need not consider the propriety of a departure from that rule since it finds the facts in this case to fall wi......
-
O'malley v. United States
...States, 6 Cir., 196 F.2d 619. Nor can we consider the allegation that the conviction is based upon perjured testimony. Taylor v. United States, 9 Cir., 221 F.2d 228; Elliott v. United States, 8 Cir., 268 F.2d There remains for consideration appellant's additional contention that he was deni......
-
Taylor v. United States
...appeal in forma pauperis was denied after the district court had certified that the appeal was not taken in good faith. Taylor v. United States, 9 Cir., 221 F.2d 228. Thereafter Taylor filed in the same court a second motion to vacate under § 2255 and this appeal now refers to the order den......
-
Lowe v. McDonald, 14153.
... ... Pierce, Appellees ... No. 14153 ... United States Court of Appeals Ninth Circuit ... April 11, 1955.221 F.2d Taylor, Fairbanks, Alaska, for appellee ... Before ORR and FEE, ... ...