Biby v. Satran

MEMORANDUM AND ORDER

VAN SICKLE, Senior District Judge.

Gerald D. Biby was convicted in state court of two counts of theft by deception. Biby petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and moves to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Biby’s application is sufficient to permit him to file the petition for writ of habeas corpus in forma pauperis.

Biby was the managing partner in a real estate development partnership. Several months after the property had been foreclosed upon and sold at a sheriff’s sale, Biby sent letters to two of the partners asking…