Opinion
CR. No. C-10-265, (C.A. No. C-11-48).
March 3, 2011
ORDER
On February 18, 2010, the Clerk received Movant Marissa Porras' (Porras) motion to proceed in forma pauperis in her motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255. D.E. 40. Porras' motion is unnecessary. For purposes of filing fees, a motion filed under 28 U.S.C. § 2255 is essentially a continuation of the defendant's criminal case. See United States v. Cole, 101 F.3d 1076, 1077 (5th Cir. 1996) (characterizing § 2255 motions and indicating that it was not a civil action for purposes of the Prison Litigation Reform Act). In this district, no filing fee is required to file such a motion. Accordingly, there is no need for in forma pauperis status. The motion (D.E. 40) is DENIED.
It is so ORDERED this 3 day of March, 2011.