United States v. Smotherman

Full title: UNITED STATES OF AMERICA v. SONTAY T. SMOTHERMAN,

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Sep 14, 2015

Civ. No. 2:14-cv-972 (S.D. Ohio Sep. 14, 2015)

Opinion

Civ. No. 2:14-cv-972 Crim. No. 2:12-cr-055(3)

09-14-2015

UNITED STATES OF AMERICA v. SONTAY T. SMOTHERMAN,

Judge Frost

ORDER

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 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 (6^th 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 (6^th Cir.), in forma pauperis.

/s/ GREGORY L. FROST

GREGORY L. FROST

United States District Judge