5:26-cv-00196•Huluf v. Noem
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1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION GEBREMEDHIN EFREM HULUF § § § § § VS. CIVIL ACTION NO. 5:26-CV-196 JUDGE STEVENS CHUA et al. REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court is Petitioner Gebremedhin Efrem Huluf’s letter, requesting permission to proceed in forma pauperis, (Dkt. No. 2), and Application to Proceed in forma pauperis, (Dkt. No. 10). Pursuant to 28 U.S.C. § 1915, a claimant wishing to proceed in forma pauperis must submit “an affidavit that includes a statement of all assets such [claimant] possesses.” 28 U.S.C. § 1915(a)(1). The decision whether to grant an application to proceed in forma pauperis falls within the sound discretion of the Court. See Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988); see 28 U.S.C. 1915(a)(1). When a court determines whether to grant in forma pauperis status, it should not consider the substance of the complaint. See Eason v. Holt, 73 F.3d 600, 602 n.10 (5th Cir. 1996). Rather, a court should examine the applicant’s financial records and determine whether the applicant would suffer “undue financial hardship” if they were required to pay the filing fee. Prows, 842 F.2d at 140. On February 9, 2026, Petitioner filed his Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, challenging the delayed execution of his order of removal. (Dkt. No. 1 at 4). Petitioner also requested to proceed in forma pauperis and avoid United States District Court Southern District of Texas ENTERED March 03, 2026 Nathan Ochsner, Clerk Case 5:26-cv-00196 Document 12 Filed 03/03/26 in TXSD Page 1 of 3
2 the $5 filing fee as he is in detention and “do[es] not have access to money to cover this fee.” (Dkt. No. 2 at 1). On February 17, 2026, Petitioner was ordered to supplement his request to proceed in forma pauperis by March 6, 2026, as the Court was unable to determine whether the filing fee would cause undue financial hardship as Petitioner did not include sufficient information regarding his financial situation. (Dkt. No. 7 at 2). To assist with supplementing his request, the Court also provided Petitioner with the Southern District of Texas’ in forma pauperis form (“IFP application”) to complete and return. (Id. at 3–4). On March 2, 2026, Petitioner returned an incomplete IFP application. (See Dkt. No. 10). A review of the docket shows Petitioner has paid the $5 filing fee. Accordingly, the Undersigned RECOMMENDS that Petitioner’s letter, requesting permission to proceed in forma pauperis, (Dkt. No. 2), and Application to Proceed in forma pauperis, (Dkt. No. 10), be DENIED as moot. The Clerk of Court is DIRECTED to send a copy of this Report and Recommendation via certified mail to Pro Se Petitioner at the address on file. NOTICE TO PARTIES Within FOURTEEN (14) DAYS after being served with a copy of the Report and Recommendation, a party may file with the Clerk and serve on the United States Magistrate Judge and all parties, written objections, pursuant to Fed. R. Civ. P. 72(b), 28 U.S.C. § 636(b)(1), General Order No. 2002-13, United States District Court for the Southern District of Texas. A party's failure to file written objections to the proposed findings, conclusions, Case 5:26-cv-00196 Document 12 Filed 03/03/26 in TXSD Page 2 of 3
3 and recommendation in a magistrate judge's report and recommendation within FOURTEEN (14) DAYS after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the District Court. Douglass v. United Servs. Auto Ass'n, 79 F.3d 1415 (5th Cir. 1996) (en banc). SIGNED on this 3rd day of March, 2026. Christopher dos Santos United States Magistrate Judge Case 5:26-cv-00196 Document 12 Filed 03/03/26 in TXSD Page 3 of 3
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