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TONY SHANNON WOODY v. UNITED STATES OF AMERICA.

ORDER

ANDREW AUSTIN, Magistrate Judge

Before the Court is Movant's Application to Proceed In Forma Pauperis filed on March 4, 2009 (Clerk's Docket No. 31). A defendant need not be granted in forma pauperis status in order to proceed with a § 2255 motion because no filing fee is required to bring a § 2255 motion in a district court. See Bonugli v. United States, 2007 WL 2330295, at*l (S.D.Tex. Aug. 13, 2007); see also Advisory Committee Notes to Rule 3 of Rules Governing Section 2255 Proceedings in the United States District Courts ("[t]here is no filing fee required of a movant under these rules [as] . . . a § 2255 motion [is] a continuation of the criminal case whose judgment is under attack"). Accordingly, Application to Proceed In Forma Pauperis is hereby DENIED AS MOOT.

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WOODY v. U.S
(Jun 3, 2009)