Hicks v. Capra

Filing 3

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that the Court finds that petitioner's financial status, as set forth in petitioner's declaration, qualifies him to commence this action without prepayment of the $5.00 filing fee. Accordingly, petitioner's application to proceed in forma pauperis is granted. The Clerk is directed to mail a copy of this Order to the petitioner. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 6/13/2013. (Florio, Lisa)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ALBERT HICKS,
Petitioner,
ORDER
13-CV-3316 (SJF)

-against-

FILED

M. CAPRA, SUPERINTENDENT SING SING
CORRECTIONAL FACILITY,

IN CLERK'S OFFICE
U S DISTRICT COURT E D N Y

Respondent.

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FEUERSTEIN, District Judge:

...JN 13 Z013

LONG 1: :_)\NO OFFICE

On June 3, 2013, petitioner, Albert Hicks ("petitioner"), filed a prose petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2254. Accompanying the petition is an application to
proceed in forma pauperis. Upon review of the application, the Court finds that petitioner's
financial status, as set forth in petitioner's declaration, qualifies him to commence this action
without prepayment of the $5.00 filing fee. Accordingly, petitioner's application to proceed in
forma pauperis is granted. The Clerk is directed to mail a copy of this Order to the petitioner.

The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not
be taken in good faith and therefore in forma pauperis status is denied for the purpose of any
appeal. See Coppedge v. United States, 369 U.S. 438,444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21
(1962).
SO ORDERED.

s/ Sandra J. Feuerstein

/

v·

Sandra J. Feuerstein
United States District Judge
Dated:

June I?, 2013
Central Islip, New York

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