Maxie v. USA

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. #2 ] is DENIED without prejudice. Signed by District Judge Audrey G. Fleissig on 11/18/2021. (AFO)

Case: 4:21-cv-01354-AGF Doc. #: 9 Filed: 11/18/21 Page: 1 of 1 PageID #: 32

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DARRYL LAMONT MAXIE,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 4:21-CV-1354 AGF

MEMORANDUM AND ORDER
This matter is before the Court upon movant’s motion for leave to proceed in forma
pauperis.
On November 10, 2021, movant filed his motion to vacate set aside or correct sentence
pursuant to 28 U.S.C. § 2255, as well as a motion to proceed in forma pauperis. Because there is
no filing fee for a § 2255 motion, movant need not be granted in forma pauperis status in order to
maintain this action. See Rule 3, Advisory Committee Notes of the Rules Governing Section 2255
Proceedings. Thus, to the extent that movant is seeking leave to initiate this action in forma
pauperis, his request is moot. Furthermore, a review of the file indicates that movant does not seek
a determination as to his pauper status for any other reason.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in forma pauperis
[ECF No. 2] is DENIED without prejudice.
Dated this 18th day of November 2021.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE