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Dare v. United States

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 7, 2009

AARON R. DARE, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

DECISION and ORDER

On November 13, 2006, Petitioner Aaron R. Dare pled guilty to a three-count information charging him with wire fraud, causing false statements to be made on HUD-insured loans, and mortgage fraud conspiracy. On September 18, 2008, Petitioner was sentenced to 63 months imprisonment, three years supervised released post-incarceration, special conditions, a special assessment and restitution. On December 12, 2008, Petitioner moved to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. § 2255. Dkt. No. 41. Petitioner also filed a Motion to proceed in forma pauperis. Dkt. No. 42. There is no filing fee required for § 2255 petitions. However, the granting of in forma pauperis status may enable the Petitioner to avoid other fees, such as fees for the production of transcripts related to his case.*fn1

Based upon a review of the Petitioner's in forma pauperis declaration, the Court concludes that Petitioner may properly proceed with this matter in forma pauperis.

For the foregoing reasons, it is hereby

ORDERED, that Petitioner Aaron R. Dare's application to proceed in forma pauperis (Dkt. No. 42) is GRANTED; and it is further

ORDERED, that the Clerk serve a copy of this Order on the parties.

IT IS SO ORDERED.


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