Opinion
Case No. 99-40091-JAR
March 4, 2004
MEMORANDUM AND ORDER DENYING PETITION FOR RELIEF AND DENYING MOTION TO PROCEED IN FORMA PAUPERIS
Defendant Paul Edward Davis files yet another petition (Doc. 102) seeking post-conviction relief, as well as a motion (Doc. 101) seeking to proceed in forma pauperis. In this petition, he seeks "relief under insufficient evidence under Count #(5) Lack of Minority on Jury Pool under Fed R. 60(b)6 Newly Discovered Evidence." As the Tenth Circuit Court of Appeals noted in its Order of October 22, 2003, this defendant has repeatedly sought to obtain post-conviction relief without satisfying the standards set forth in 28 U.S.C. § 2255. The instant petition is yet another ill advised and frivolous attempt. In its October 22, 2003 Order, the Tenth Circuit Court of Appeals warned that "[a]ny further effort by Mr. Davis to begin a collateral attack on this conviction without satisfying the standards set forth in § 2255 ¶ 8 may lead to the imposition of sanctions. This Court will order sanctions upon the filing of any such motion in the future.
IT IS THEREFORE ORDERED that the Petition (Doc. 102) is DENIED.
IT IS FURTHER ORDERED that the Motion for leave to proceed in forma pauperis (Doc. 101) is DENIED.