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Prisoner Applying To Proceed In Forma Pauperis In A Habeas Corpus Case. Form: PDF icon affidavit of poverty and habeas.pdf.To submit your application to proceed in forma pauperis, complete the attached form and return the form to the court with your complaint or petition. Proceedings in forma pauperis. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. If the court finds that the petitioner is indigent, it shall allow petitioner to proceed in forma pauperis. Federal courts can exercise jurisdiction over his application for the writ of habeas corpus. For a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Habeas corpus - A writ that is often used to bring a prisoner before the court to determine the legality of his imprisonment. If you cannot afford to pay the required filing fee, you must request to proceed in forma pauperis.