Bennett v. United States of America

Filing 4

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that movants motion for leave to proceed in forma pauperis ECF No. 2 is GRANTED. IT IS FURTHER ORDERED that Grounds 1, 2, and 3 of the motion to vacate are DISMISSED. Signed by District Judge Rodney W. Sippel on 8/25/14. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TAYLOR L. BENNETT,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 4:14CV1438 RWS

MEMORANDUM AND ORDER
This matter is before me on movant’s motion for leave to proceed in forma pauperis and
for review of her motion to vacate, set aside, or correct sentence under Rule 4 of the Rules
Governing § 2255 Proceedings.
Movant brings four grounds for relief. Grounds 1 through 3 are Fourth Amendment
claims alleging that her arrest and the search of her backpack were unlawful. Ground 4 asserts
that counsel was ineffective for failing to file a motion to suppress evidence. Fourth Amendment
claims are not cognizable in § 2255 proceedings. See Stone v. Powell, 428 U.S. 465, 494
(1976); Ray v. United States, 721 F.3d 758, 762 (6th Cir. 2013) (“free-standing Fourth
Amendment claims cannot be raised in collateral proceedings under either § 2254 or § 2255.”).
Additionally, in her plea agreement, movant waived the right to bring any § 2255 claims except
for ineffective assistance of counsel or prosecutorial misconduct. As a result, grounds 1 through
3 are dismissed.
Accordingly,
IT IS HEREBY ORDERED that movant’s motion for leave to proceed in forma
pauperis [ECF No. 2] is GRANTED.

IT IS FURTHER ORDERED that Grounds 1, 2, and 3 of the motion to vacate are
DISMISSED.
Dated this 25th day of August, 2014.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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