Jones v. USA

Filing 4

ORDER denying 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge John S. Kaull on 9/6/07. (copy 2409, pro se plaintiff)(jcs)

Jones v. USA

Doc. 4

Case 1:07-cv-00115-IMK-JSK

Document 4

Filed 09/07/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

BLAIR R. JONES, JR. Petitioner, v. Civil Action No. 1:07cv115 Criminal Action No. 1:05cr95(1) (Judge Keeley)

UNITED STATES OF AMERICA, Respondent. ORDER DENYING AS MOOT PETITIONER'S IFP MOTION The pro se petitioner initiated this case pursuant to a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. Pending before the Court is the petitioner's Motion to Proceed In Forma Pauperis. There are no filing or service fees associated with a § 2255 motion. The only instance in which this Court would be required to determine the petitioner's status as a pauper is upon a motion for counsel or a motion for transcripts. Because a review of the files shows that the petitioner has filed no such requests, his motion to proceed as a pauper (dckt. 2/223) is DENIED as MOOT. IT IS SO ORDERED. The Clerk is directed to mail a copy of this Order to the pro se petitioner. DATED: September 6, 2007. /s John S. Kaull JOHN S. KAULL UNITED STATES MAGISTRATE JUDGE

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