Paleno v. County of Lake, 469 U.S. 1104

No. 84-5706.

Appeal from Ct. App. Cal., 1st App. Dist. Motion of appellants for leave to proceed in forma pauperis denied. Appellants are allowed until January 28, 1985, within which to pay the docketing fee required by Rule 45(a) and to submit a statement as to jurisdiction in compliance with Rule 33 of the Rules of this Court.

Justice Brennan and Justice Marshall, dissenting.

For the reasons expressed in Brown v. Herald Co., 464 U. S. 928 (1983), we would dismiss the appeal for want of jurisdiction and, treating the papers whereon the appeal would be taken as a petition for writ of certiorari, we would deny certiorari without reaching the merits of the motion to proceed in forma pauperis.