WOODY v. U.S

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.