Filed: Sep. 14, 2015
Latest Update: Sep. 14, 2015
Summary: ORDER GREGORY L. FROST , District Judge . Sontay Smotherman filed a motion to vacate pursuant to 28 U.S.C. 2255, which this Court dismissed. Order, ECF No. 291. That dismissal is currently pending on appeal to the United States Court of Appeals for the Sixth Circuit. Sontay T. Smotherman v. United States of America, Case No. 15-3665 (6 th Cir.). On May 26, 2015, this Court granted defendant leave to appeal that dismissal in forma pauperis. Order, ECF No. 310. However, this Court a
Summary: ORDER GREGORY L. FROST , District Judge . Sontay Smotherman filed a motion to vacate pursuant to 28 U.S.C. 2255, which this Court dismissed. Order, ECF No. 291. That dismissal is currently pending on appeal to the United States Court of Appeals for the Sixth Circuit. Sontay T. Smotherman v. United States of America, Case No. 15-3665 (6 th Cir.). On May 26, 2015, this Court granted defendant leave to appeal that dismissal in forma pauperis. Order, ECF No. 310. However, this Court al..
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ORDER
GREGORY L. FROST, District Judge.
Sontay Smotherman filed a motion to vacate pursuant to 28 U.S.C. § 2255, which this Court dismissed. Order, ECF No. 291. That dismissal is currently pending on appeal to the United States Court of Appeals for the Sixth Circuit. Sontay T. Smotherman v. United States of America, Case No. 15-3665 (6th Cir.). On May 26, 2015, this Court granted defendant leave to appeal that dismissal in forma pauperis. Order, ECF No. 310. However, this Court also denied defendant's requests to provide notice to the United States Attorney General in forma pauperis. Order, ECF No. 313; Order, ECF No. 341. The United States Court of Appeals has apparently construed those orders as denying leave to appeal in forma pauperis the dismissal of the motion to vacate under 28 U.S.C. § 2255. This matter is now before the Court on defendant's motion for leave to proceed in his pending appeal, Sontay T. Smotherman v. United States of America, Case No. 15-3665 (6th Cir.), without prepayment of fees or costs. Motion to Correct Error, ECF No. 345.
Defendant's motion, Motion to Correct Error, ECF No. 345, is GRANTED. This Court reiterates that Sontay Smotherman has been granted leave by this Court to proceed in his pending appeal, Sontay T. Smotherman v. United States of America, Case No. 15-3665 (6th Cir.), in forma pauperis.
