In re the Motion of Johnson

The defendant, in propia persona, has presented for filing a motion to proceed in forma pauperis and has asked that the Court have prepared, without expense to the defendant, a copy of the indictment, a transcript of proceedings throughout the jury trial, a transcript, of the proceedings at the sentencing, and copies of the commitment papers, all for the purpose of preparing a motion to vacate and set aside sentence. The defendant in said motion claims that a transcript of the proceedings will show that the defendant was not guilty of the crime charged.

At the same time, the defendant has presented a paper headed “Writ of Habeas Corpus”; the paper is also entitled “Motion for Time Served.” Therein, the defendant prays that this Court vacate the sentence imposed upon him and that he be released.

This Court has no jurisdiction of the person of the defendant, he being confined in another District, and thus no jurisdiction to issue a Writ of Habeas Corpus. It is obvious that the defendant intends said paper to be a motion under Section 2255 of Title 28, U.S.C.A. and we will so consider it.

The defendant has established that he is a pauper within the meaning of Section 1915(a) of…