Glass v. Kenney

NATURE OF CASE

Cases Nos. S-03-128 and S-03-036 have been consolidated on appeal. In each case, we are asked to determine whether the district court erred in denying the motion of appellant, Greg A. Glass, to proceed in forma pauperis. For the reasons stated below, we conclude that the district court erred when it denied Glass’ motion to proceed in forma pauperis on appeal in case No. S-03-128 and that it did not err when it denied Glass’ motion to proceed in forma pauperis with his habeas corpus action at the trial level in case No. S-03-036.

STATEMENT OF FACTS

In 1999, Glass was convicted by a…