August 6, 2013
UNITED STATES OF AMERICA, Plaintiff,
ALFRED TUCKER, Defendant.
LAURIE SMITH CAMP, District Judge.
This matter is before the Court on its own motion.
On August 1, 2013, the Defendant, Alfred Tucker, filed a motion to vacate, etc., under 28 U.S.C. § 2255 (Filing No. 104) and a motion for leave to proceed in forma pauperis (Filing No. 105). The Defendant has an appeal currently pending before the Eighth Circuit and the Eighth Circuit has set a briefing schedule in the matter on appeal. (Filing No. 103.) Therefore, in light of the pending appeal, this Court is without jurisdiction to consider the § 2255 motion. The § 2255 motion will be stayed pending the disposition of the appeal.
IT IS ORDERED:
1. The Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Filing No. 104) and the Defendant's motion for Leave to Proceed in Forma Pauperis (Filing No. 105) are stayed pending disposition of the appeal; and
2. The Clerk is directed to mail a copy of this order to the Defendant at his last known address.