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 ...