United States Supreme Court Cases & Opinions

U.S. Supreme Court

Roberts v. District Court, 339 U.S. 844 (1950)

Roberts v. United States District Court

No. 2, Misc.

Argued larch 31, 1950

Decided June 5, 1950

339 U.S. 844

Syllabus

1. Whether one is a "citizen" for the purpose of in forma pauperis proceedings in the federal courts under 28 U.S.C. § 1915 is a question solely of federal law. Pp. 339 U. S. 844-845.

2. Congress has not prescribed loss of citizenship for conviction of crimes other than desertion and treason. P. 339 U. S. 845.

3. An order of a Federal District Court denying a motion for leave to proceed in forma pauperis is appealable to the Court of Appeals under 28 U.S.C. § 1291. P. 339 U. S. 845.

4. Petitioner's motion in this Court for leave to file a petition for a writ of mandamus to the District Court is denied because of the ambiguous state of the record in the case and the fact that denial of the motion will not prejudice further applications by petitioner for leave to proceed in forma pauperis. P. 339 U. S. 845.

Motion denied.