Paul Lewis Hayes v. Henry Cowan, Warden

MeCREE, Circuit Judge.

This is an appeal from the denial of a petition for habeas corpus challenging confinement based on Hayes’ conviction of being an habitual criminal under Kentucky’s recidivist statute, K.R.S. § 431.190. 1 The district court referred the petition to a magistrate to determine whether leave to proceed in forma pauperis should be grant ed pursuant to 28 U.S.C. § 1915(a). Although the magistrate ordered the petition filed and determined that petitioner’s claims were not so frivolous that in forma pauperis leave should not be granted, nevertheless, he concluded that the…