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U.S. v. Hunter, 1:16-CR-154. (2019)

Court: District Court, M.D. Pennsylvania Number: infdco20190115g27 Visitors: 16
Filed: Jan. 11, 2019
Latest Update: Jan. 11, 2019
Summary: ORDER CHRISTOPHER C. CONNER , Chief District Judge . AND NOW, this 11th day of January, 2019, upon consideration of the application (Doc. 352) to proceed in forma pauperis filed pro se by defendant Robert Duane Hunter ("Hunter"), ostensibly in anticipation of filing a petition for habeas corpus pursuant to 28 U.S.C. 2255, and the court noting that, although "leave to proceed in forma pauperis [is] not required" in proceedings under 2255, as such matters are merely "a continuation
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ORDER

AND NOW, this 11th day of January, 2019, upon consideration of the application (Doc. 352) to proceed in forma pauperis filed pro se by defendant Robert Duane Hunter ("Hunter"), ostensibly in anticipation of filing a petition for habeas corpus pursuant to 28 U.S.C. § 2255, and the court noting that, although "leave to proceed in forma pauperis [is] not required" in proceedings under § 2255, as such matters are merely "a continuation of the criminal case" itself, United States v. Thomas, 713 F.3d 165, 172-73 (3d Cir. 2013) (quoting United States v. Cook, 997 F.2d 1312, 1319-20 (10th Cir. 1993)), the court may nonetheless grant such requests as a "convenient way of getting [the defendant's indigent status] into the official record so that the judge may appoint counsel, order the government to pay witness fees, allow docketing of an appeal, and grant any other rights to which an indigent is entitled in the course of a § 2255 motion," R. GOVERNING § 2255 CASES R. 3, advisory committee note 1976, and the court having reviewed the documentation attached to Hunter's motion and finding a grant of in forma pauperis status to be warranted, it is hereby ORDERED that Hunter's motion (Doc. 352) is GRANTED.

Source:  Leagle

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