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OAH 2-1100-21932-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF CORRECTIONS
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In the Matter of the Risk Level Determination of Wesley E. Wills |
ORDER ON APPLICATION TO PROCEED IN FORMA PAUPERIS |
The above-entitled matter came on before Administrative Law Judge Raymond R. Krause, pursuant to a Motion for Leave to Proceed in forma pauperis at the Minnesota Court of Appeals in accordance with Minn. Stat. § 563.01 and Minn. R. Civ. App. 109.01.
Wesley E. Wills, (Relator), represented himself. No other person submitted information or argument concerning Mr. Wills’ petition to proceed in forma pauperis.
Mr. Wills submitted his request in the form of a motion, which was notarized but was not accompanied by an affidavit, on April 28, 2011. His motion was accompanied by a copy of his Petition for Writ of Certiorari in the Court of Appeals, along with his Motion to Submit an Informal Brief, his Notice of Appeal and his Statement of the Case.
Based upon the written submissions and the record in this matter, the Administrative Law Judge (ALJ) makes the following:
FINDINGS OF
FACT
1.
Mr. Wills is a sex offender currently committed to the
Minnesota Sex Offender Program (MSOP) as a Sexually Dangerous Person (SDP) or a
Sexual Psychopathic Personality (SPP).
2.
Mr. Wills was represented in his appeal to the Office of
Administrative Hearings of his Risk Level Three assignment by the
end-of-confinement review-committee pursuant to Minn. Stat. § 244.052 by F.
Richard Gallo, Jr., Assistant State Public Defender.
3.
Mr. Wills states in his Motion for Leave to Proceed in forma pauperis that he cannot afford
to pay the filing fee of $500.00 in the Court of Appeals.
4.
Mr. Wills’ case was dismissed as moot by the Office of
Administrative Hearings based on the Court of Appeals decision in In re the Risk Level Determination of P.L.[1]
5.
Mr. Wills proposes to raise the following issues on
appeal: (1) denial of due process; (2)
erroneous MnSOST-R score; (3) insufficient evidence to support the decision of
the Administrative Law Judge; (4) Risk Level Determination is not mooted due to
the recent decision in P.L.; (5)
seriousness of a presumptive risk level of three (3) automatically being
referred for indefinite civil commitment.[2]
Based
upon the foregoing Findings of Fact, the Administrative Law Judge makes the
following:
CONCLUSIONS OF LAW
1.
Mr. Wills’ has demonstrated that he is financially unable to
pay the fees, costs and security for costs that are required for his appeal.
2.
Mr. Wills’ appeal is not of a frivolous nature.
Based upon the foregoing Findings of Fact and Conclusions of Law, the Administrative Law Judge makes the following:
ORDER
Based upon all of the records, files, and proceedings herein, IT IS HEREBY ORDERED that Mr. Wills’ application to proceed in forma pauperis is GRANTED
Dated: May 4, 2011
s/Raymond R. Krause
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RAYMOND
R. KRAUSE Chief
Administrative Law Judge |